Judgments – Foreign Judgments – Tennessee
This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act. Title 26, Chap. 6, §26-6-101.
Construction for uniformity.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Title 26, Chap. 6, §26-6-102.
“Foreign judgment” defined.
As used in this chapter, “foreign judgment” means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. Title 26, Chap. 6, §26-6-103.
Effect and treatment of authenticated foreign judgment.
(a) A copy of any foreign judgment authenticated in accordance with the acts of congress or the statutes of this state may be filed in the office of the clerk of any circuit or chancery court of this state.
(b) The clerk shall treat the foreign judgment in the same manner as a judgment of a court of record of this state.
(c) A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a court of record of this state and may be enforced or satisfied in like manner. Title 26, Chap. 6, §26-6-104.
Service of process – Enforcement proceeding delayed.
(a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor’s lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and affidavit, the clerk of the court wherein the judgment is filed shall issue a summons to be delivered for service to any person authorized to serve process. This person shall serve the summons and return endorsed thereon shall be proof of the time and manner of service.
(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until thirty (30) days after the date a summons has been served upon the judgment debtor. Title 26, Chap. 6, §26-6-105.
Appeal or stay of judgment.
(a) If the judgment debtor shows the court of this state that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.
(b) If the judgment debtor shows the court of this state any ground upon which enforcement of a judgment of any court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period. Title 26, Chap. 6, §26-6-106.
Creditor’s right to bring enforcement action.
The right of a judgment creditor to bring an action to enforce the creditor’s judgment instead of proceeding under this chapter remains unimpaired. Title 26, Chap. 6, §26-6-107.