Tennessee Scire Facias

State:
Tennessee
Control #:
TN-SKU-0408
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Scire Facias

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FAQ

The first step in filing a small claims case is to obtain and fill out the necessary forms (such as the complaint) and pay the required fees. You'll need the name and address of the person or business you're suing (the defendant), as well as the date the claim arose and the amount you intend to ask for in damages.

You'll have to bring it within the statute of limitations period for your particular case. For example, you'll have six years for contract cases, one year for injury cases, and three years for property damage claims. If you don't file within this period, you lose your right to sue.

In English law, a writ of scire facias (from the Latin meaning "to cause to be known") is a writ founded upon some judicial record, such as a judgment or letters patent, requiring the defendant to appear in court and show cause as to why the record should not be enforced against him or her.

Forms can be found on the FORMS page on this site or can be obtained from the clerks office. A claim must be filed in triplicate, must be notarized, and have a copy of the bill attached. The fee for filing a claim is $11.00.

What is Writ of Scire Facias? A writ addressed to a defendant against whom a judgment is entered ordering him to appear and state why the judgment should not be revived, or in some instances, collected upon without the necessity of revival.

Scire facias is a judicial writ requiring a person to appear in court and argue why a judgment against them shouldn't be annulled, vacated, executed, or enforced.

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Tennessee Scire Facias