§ 36-5-3107 — Contest of registration or enforcement

Tennessee § 36-5-3107

• Jurisdiction: Tennessee
• Title: 36

Text

(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The registered order was obtained by fraud; (2) The registered order has been vacated, suspended, or modified by a later order; (3) The issuing court has stayed the registered order pending appeal; or (4) The statement of arrears is incorrect. (b) If a party presents evidence establishing a full or partial defense under subsection (a), the court where the order is registered may stay enforcement of the registered order until the issues have been resolved by the court that issued the order. Any uncontested portion of the registered order may be enforced by all remedies available pursuant to law. (c) If a contesting party does not establish a defense pursuant to subsection (a) regarding the validity or enforcement of the order, the registering court shall issue an order confirming the order. An order confirming registration of the order is not required if no contest to the registration is made.

Legislative History

Acts 1997, ch. 551, § 6.