File Small Claims Online in Tennessee Court

What Is The Small Claims Court in Tennessee?

The Small Claims Court in Tennessee is a court that handles civil disputes between individuals or businesses involving claims for a relatively small amount of money, usually under $25,000. Small Claims Court cases are designed to be resolved quickly, inexpensively, and without the need for an attorney. In Tennessee, Small Claims Courts are part of the General Sessions Court and are presided over by a judge. The court hears cases such as landlord-tenant disputes, contract disagreements, and damage claims. The process is simplified and the parties involved typically represent themselves without the need for legal representation. The Small Claims Court in Tennessee has specific rules and procedures that must be followed. The court's rules are designed to make the process as simple and straightforward as possible and allow the parties to present their cases without needing a lawyer.

Who Can File or Defend A Small Claim in Tennessee?

In Tennessee, any individual, business, or organization can file or defend a small claim in the General Sessions Court of the county where the dispute arose. This includes residents, non-residents, and corporations. However, there are some exceptions and limitations:

1. A person who is under the age of 18 cannot file a small claim without a parent or legal guardian representing them.
2. An attorney must represent a corporation to file or defend a small claim.
3. A person who is currently incarcerated or on parole cannot file a small claim.

It's important to note that even if a party is eligible to file or defend a small claim in Tennessee, it may still be a good idea to seek legal advice to ensure that their rights are protected and that they understand the legal process.

Should You File A Small Claims Case in Tennessee?

Whether or not to file a small claims case in Tennessee depends on the specific circumstances of your situation. Before filing a small claims case, it's important to assess your chances of winning. Consider the evidence you have, the strength of your case, and whether the other party is likely to settle or contest the case. There are fees associated with filing a small claims case in Tennessee. You'll need to pay a filing fee, as well as additional fees for service of process and other costs. If you win your case, you may be able to recover these costs, but if you lose, you'll be responsible for them. Before filing a small claims case, consider whether it might be possible to resolve the dispute through negotiation or mediation. This can save you time and money, and may also help preserve the relationship between you and the other party.

If you’re The Plaintiff Have You asked For the Money or the Property in Tennessee?

As the plaintiff in a small claims case in Tennessee, you can ask for either money or property, depending on the nature of the dispute. For example, if you loaned someone money and they have not paid it back, you can sue for the amount owed. If you sold someone a piece of property and they have not paid for it, you can sue for the purchase price. If the amount you are seeking is greater than that, you may need to file a different type of lawsuit. When you file your small claims case, you will need to provide a brief statement of the facts of the case and the amount or type of relief you are seeking. This will be included in the summons and complaint that is served on the defendant. The defendant will then have an opportunity to respond to your claims and, if necessary, file a counterclaim of their own.

Where Do You File in Tennessee?

The filing requirements in Tennessee can vary depending on what you are trying to file. Here are some common filings and the appropriate places to file them in Tennessee:

• Business entity filings: The Tennessee Secretary of State's office handles business entity filings, such as registering a new LLC or corporation or making changes to an existing entity.
• Personal income tax returns: The Tennessee Department of Revenue is responsible for handling personal income tax returns.
• Property tax returns: Property tax returns are filed with the local county assessor's office in Tennessee.
• Divorce filings: Divorce filings are handled by the local county clerk's office in the county where you or your spouse reside.

It's always a good idea to double-check the specific filing requirements for your situation with the relevant agency or office to ensure that you're filing in the correct place.

If you’re The Defendant What Should You Do after You Receive the Statement of Claim in Tennessee?

It is important to read the statement of claim carefully and understand the claims being made against you. In Tennessee, you typically have 30 days to file an answer after being served with a statement of claim. Make sure you note the deadline for responding.  If you have evidence that supports your defense, such as documents, witness statements, or photographs, start gathering them as soon as possible. If you are unsure of how to respond to the statement of claim or how to defend yourself in court, consider seeking legal advice from an attorney. An attorney can help you understand your options and provide guidance on how to proceed. You must file an answer to the statement of claim within the deadline set by Tennessee law. An answer is a written response to the claims made against you. Failure to file an answer could result in a default judgment being entered against you.

What If You Owe All Or Part Of The Plaintiff's Claim in Tennessee?

If you owe all or part of the plaintiff's claim in Tennessee, you have several options:

• Negotiate a settlement: You may be able to negotiate a settlement with the plaintiff outside of court. A settlement agreement could allow you to pay the plaintiff a reduced amount or set up a payment plan.
• File an answer admitting to the claim: If you agree that you owe the plaintiff all or part of the claim, you can file an answer admitting to the claim. This may result in a default judgment being entered against you, but it can also save you the time and expense of going to court.
• File an answer denying the claim: If you dispute the plaintiff's claim, you can file an answer denying the claim. You will then have the opportunity to present evidence in court to support your defense.
• Seek legal advice: If you are unsure of how to proceed or how to defend yourself, consider seeking legal advice from an attorney. An attorney can help you understand your options and provide guidance on how to proceed.

If a judgment is entered against you and you are unable to pay the full amount, you may be able to negotiate a payment plan or request a modification of the judgment. It's important to take the plaintiff's claim seriously and respond appropriately to avoid serious consequences, such as wage garnishment or property liens.

What If The Plaintiff Owes You Money in Tennessee?

If the plaintiff owes you money in Tennessee, you may have a counterclaim that you can file in response to the plaintiff's claim. A counterclaim is a claim that you make against the plaintiff in the same lawsuit. Gather any documentation that supports your claim, such as contracts, invoices, or receipts. Make sure that you have evidence to back up your claim. In Tennessee, you can file a counterclaim as part of your answer to the plaintiff's claim. You will need to serve the plaintiff with a copy of your answer and counterclaim. This can be done by mail or by having a process server deliver the documents in person. You will need to attend court hearings related to your case, including any hearings related to your counterclaim. Be prepared to present evidence to support your claim. If you are unsure of how to proceed or how to defend yourself, consider seeking legal advice from an attorney. An attorney can help you understand your options and provide guidance on how to proceed.