How do I file a small claims case in Tennessee to get money someone owes me?
Filing a small claims case is generally a way people ask a court to order repayment of money owed when the amount is within the court’s small-claims limit. The process usually involves filling out a claim form, paying a filing fee, serving the defendant with the papers, and going to a hearing where you present evidence in support of your claim. Courts often provide a simple claim form and an evidence checklist to help organize documents and receipts.
After the claim is filed, courts follow procedural rules about filing, service, and how the case proceeds. The court may enter a default judgment if the defendant does not appear. In some cases, either party may seek summary judgment after certain time periods have passed, and parties must follow the court’s rules on how to file and serve pleadings and other papers.
Current Tennessee law
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The deadline that matters
A party generally may move for summary judgment any time after 30 days from the start of the action.
What Tennessee law says
Rule 5.06 governs filing and service of pleadings and other papers with the clerk of the court, including how filings are dated and how pro se incarcerated litigants can establish timely filing: Tenn. R. Civ. P. 5.06. Rule 55.03 explains that a judgment by default is subject to the limitations of Rule 54.03 and applies to plaintiffs and parties seeking relief by default: Tenn. R. Civ. P. 55.03. Rule 56.01 allows a party seeking to recover on a claim to move for summary judgment any time after thirty days from commencement of the action or after service of a summary judgment motion by the adverse party: Tenn. R. Civ. P. 56.01.
What to do
A common first step is to complete the court’s small claims complaint form and prepare an evidence checklist (receipts, contracts, messages).
A common next step is to file the completed claim form with the court clerk and pay the required filing fee.
A common step is to arrange formal service of the claim on the defendant in the manner the court requires and file proof of service under the court’s rules.
A common step is to attend the hearing with copies of your evidence and witnesses, or to be prepared to respond if the other side moves for summary judgment after 30 days.
A common follow-up is to request entry of default judgment if the defendant fails to appear, noting defaults are governed by the court’s default rules.
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Common questions
What happens if the person I sue does not show up?
If the defendant does not appear after proper service, the court may consider a default and proceed under the court’s default rules, subject to any limitations the rules impose.
Can either side ask the court to decide the case before trial?
Yes, under the rules a party may move for summary judgment after the specified time period (generally 30 days after the action begins), asking the court to decide based on the written record.
How do I prove I served the defendant?
The court’s filing and service rules require proof of the time and manner of service, often by affidavit of the person who served the papers or other proof acceptable to the court.
What should I bring to the hearing?
Parties commonly bring the filed claim form, copies of contracts or receipts, a written evidence checklist, and any witnesses or documents that support the money owed claim.
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This is legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
