Law & Legal & Attorney Contract Law

Tennessee Small Claims Procedures

    Who Can Sue?

    • Individuals and businesses may sue in Tennessee's small claims courts. A plaintiff, the person who files the suit, must be 18 or older, but a parent may file on behalf of a minor child.

    Filing

    • The first step in filing a small claims suit is completing and filing a statement-of-claim form and a notice. The documents must be filed in the county where the defendant lives or, if suing a company, in the county where the business is located.

    Service

    • After the plaintiff files the proper documents with the court, the defendant must be served with copies of the statement of claim and the notice form at least 10 days before the hearing. Service can be made by mail or in person.

    Evidence

    • Both parties should be prepared for the hearing with any evidence to support their claims. This evidence may include such items as contracts, leases, receipts, photographs and diagrams.

    Pre-Trial

    • The court may convene a pretrial hearing during which the plaintiff and the defendant will meet with a mediator to see if an agreement can be reached. If there is no agreement, a trial date will be set.

    Trial

    • During the trial, both parties will speak to the judge and interview one another and any witnesses who might be present. The final ruling, made by the judge, may not be available at the conclusion of the hearing, but will be mailed to both plaintiff and defendant.

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