Civil Warrant Action To Recover Personal Property {CV 9401}

IN THE COURT OF GENERAL SESSIONS SHELBY COUNTY, TENNESSEE DOCKET NO. _______ CIVIL WARRANT ACTION TO RECOVER PERSONAL PROPERTY I, ______________________________ plaintiff(s), plaintiff's agent or attorney, do hereby make oath that according to the affiant's information and belief the plaintiff, , is entitled to the possession of the property proposed to be repossessed, which property is described as follow, to-wit: VALUE $ Sworn to and subscribed before me this _____ day of Edward L. Stanton, Jr.; General Sessions Court Clerk By Deputy Clerk , 20_____. State of Tennessee, County of Shelby: Summon To Any Lawful Officer to Execute and Return: to appear before the Court of General Sessions of Shelby County, Tennessee, to be held at the courtrooms of said Court in said County on the _____ day of _______________, 20________ at _________ ___M., then and there to answer in a civil action brought by __________________________________________________for a possessory hearing to determine rights of the parties to possession of: and for judgment for $ _________________________________________________________________________ under $25,000.00 Dollars. This _____ day of , _________ Edward L. Stanton, Jr.; General Sessions Court Clerk By DEPUTY CLERK BOND We, Principal, and,__________________________________________ Surety, do hereby bind ourselves, our heirs and assigns _________ defendant(s), in the penal sum of __dollars, being the value of the property above described, this obligation to be void, should the plaintiff(s) pay all costs or damages adjudged against him and shall abide by and perform the judgment of the court. This ______ day of , 20 . Principal ______________________ Surety For Assistance in accessing the Courthouse: (901) 222-2341 American LegalNet, Inc. www.FormsWorkFlow.com ___________________, Atty for Deft. Issued __________________, 20__ Set for __ __ , 20__ at _________a.m./p.m. _____________________, Atty for Pltf. _________________________ Defendant(s) __________________________ Gen. Sess. Code No. ________ Phone____________________ No. ________________ Phone: _______________ THE DEFENDANT(S) Pursuant to Chapter 915 of the Public Acts of 1978 as amended by Chapter 919 of the Public Acts of 1980, you are hereby given the following notice: Tennessee law provides for a ten thousand dollar ($10,000.00) debtor's equity interest personal property exemption from execution or seizure to satisfy a judgment. If a judgment should be entered against you in this action and you wish to claim property as exempt, you must file a written list, under oath, of the items you wish to claim as exempt with the Clerk of the Court. The list may be filed at any time and may be changed by you thereafter as necessary; however, unless it is filed before the judgment becomes final, it will not be effective as to any execution or garnishment issued prior to the filing of the list. Certain items are automatically exempt by law and do not need to be listed: these include items of necessary wearing apparel (clothing) for yourself and your family and trunks or other receptacles necessary to contain such apparel, family portraits, the family Bible, and school books. Should any of these items be seized, you would have the right to recover them. If you do not understand your exemption right or how to exercise it, you may wish to seek the counsel of a lawyer. FIAT Upon the plaintiff posting a bond in the amount of $__________, the defendant(s) is(are) hereby restrained from damaging, concealing, or removing the described property from the jurisdiction of this court. Judge, General Sessions Court DEFENDANT(S): IF YOU FAIL TO APPEAR AND OFFER EVIDENCE, THE COURT SHALL ISSUE THE WRIT OF POSSESSION AND THE JUDGE SHALL ENTER A DEFAULT JUDGMENT FOR THE RELIEF SOUGHT THEREIN. WAIVER I (we) ____________________, the defendant(s) herein, acknowledge that the plaintiff is entitled to possession of the described property, and I (we) hereby voluntarily waive any right to a hearing by tendering the property herewith to the Officer, and I (we) acknowledge that if I (we) do not appear and answer as to the merits of the matter on the date specified herein, that a default judgment may be rendered against me (us). I (we) the defendants herein acknowledge that the process server has read and explained to me (us) that I (we) have a constitutional right to a hearing and that I (we) have signed this document of waiver voluntarily. I understand, however, that should said tendered property not be sufficient to satisfy plaintiff's entire claim after plaintiff shall have complied with all requirements of the Uniform Commercial Code applicable thereto, plaintiff shall be allowed to recover a deficiency judgment for any balance. WITNESSED: Deputy Sheriff This _____ day of , 20_____. PPSV/, Bill Oldham, Sheriff PPSV/Bill Oldham, Sheriff Come to hand same day issued and executed as commanded on: Defendant This _____ day of , 20_____. Bill Oldham, Sheriff PPSV/Deputy Sheriff JUDGMENT Judgment for the plaintiff for $ ____________________ and the costs of the cause, and for the possession of the property described in the warrant. The Officer is hereby directed to take the property described in the warrant out of the possession of the defendant(s) and deliver the same to the plaintiff(s). The plaintiff(s) shall dispose of said property in the accordance with the applicable provisions of the Uniform Commercial Code and shall notify the defendant(s) the amount to be credited against this judgment prior to the issuance of any writ of execution. This _______________ day of ____________________, 20_____. Judge Division American LegalNet, Inc. www.FormsWorkFlow.com 140 Adams Ave Room 106 Memphis TN Court of General Sessions CIVIL WARRANT ACTION TO RECOVER PERSONAL PROPERTY Division __________ Plaintiff(s) vs.