Tennessee § 25-3-105 Penalty for failure to return process

Tennessee Statutes

§ 25-3-105 — Penalty for failure to return process

Tennessee § 25-3-105

Title25

This text of Tennessee § 25-3-105 (Penalty for failure to return process) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 25-3-105 (2026).

Text

(a)(1) Any sheriff or other officer failing to execute and make return of any process issued from any court of record, and delivered to such officer twenty (20) days before the return day, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable.

(2)If the process has been issued to an officer of another county, the officer shall have until the next term to show cause against such judgment, on scire facias made known to such officer.

(b)(1) Any sheriff or other officer failing to execute and make return of any process delivered to that officer and issued from any general sessions court, within sixty (60) days after the issuance of the same, is liable to a penalty of one hundred

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(a) (1) Any sheriff or other officer failing to execute and make return of any process issued from any court of record, and delivered to such officer twenty (20) days before the return day, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable. (2) If the process has been issued to an officer of another county, the officer shall have until the next term to show cause against such judgment, on scire facias made known to such officer. (b) (1) Any sheriff or other officer failing to execute and make return of any process delivered to that officer and issued from any general sessions court, within sixty (60) days after the issuance of the same, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable. (2) If the process has been issued to an officer of another county, the officer shall have sixty (60) days to show cause against such judgment, on notice made known to such officer.

Legislative History

Code 1858, §§ 3603, 3604 (deriv. Acts 1777, ch. 8, § 5); Shan., §§ 5368, 5369; Code 1932, §§ 9527, 9528; Acts 1974, ch. 551, § 1; 1975, ch. 321, § 1; T.C.A. (orig. ed.), § 25-305.