Replevin/Recovery of Personal Property

"Tennessee Statutes are now housed on LexisNexis.

Actions to recover personal property are still governed by Tenn. Code Ann. § 29-30-101 - Tenn. Code Ann. § 29-30-111."

While the common law replevin action remains available, the statutory action to recover personal property is most frequently used in practice. Under that statutory scheme, an action may be initiated in any county where any part of the personal property is located, in the county where the contract was executed, in the county where any defendant resides or in the county where the address of any defendant was stated to be in any writing on which the plaintiff's claim to possession is founded. TCA § 29-30-102(b). After filing a complaint, the hearing shall be held not less than five nor more than twenty days after the process is served upon the defendant. TCA § 29-30-104. If the plaintiff desires to expedite the process, he may make an application for a writ of possession at the beginning of the first session of court. Upon such an application, the court shall order the writ of possession, giving the plaintiff immediate possession, if either: (1) the plaintiff gave proper notice of the hearing to the defendant and the plaintiff is clearly entitled to possession or (2) the property was obtained by fraud, misrepresentation or theft and the defendant is concealing the property, likely to remove the property from the jurisdiction of the court, likely to dispose of the property or endangering the property. TCA § 29-30-106. In the latter case, the plaintiff must post a bond in an amount not less than the value of the property to obtain immediate possession. TCA § 29-30-106(1)(B). In addition to recovery of the property, the plaintiff also may seek to recover the balance due on the debt. In the alternative, the plaintiff may proceed to recover only the property but retain his or her right to seek a judgment for any deficient amount in a subsequent action. TCA § 29-30-108. If a plaintiff wrongfully sues for replevin, the court may award the defendant exemplary damages, including reasonable attorneys fees. TCA § 29-30-110.