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Tennessee Eviction Process Timeline StepEstimated TimeCourt Issuing/Serving Summons6 Business DaysCourt Ruling6 Business DaysCourt Serving Writ of Possession10 Business DaysFinal Notice PeriodImmediately1 more row ?

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.

Replevin, also known as "claim and delivery," is an action to recover personal property that was wrongfully taken or detained. Unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to monetary damages (the more commonly sought-after remedy).

After the landlord wins the case and gets a Writ of Assistance. Once the landlord wins a Tennessee eviction and provided the tenant does not file for an appeal or reconsideration, the court will issue a Writ of Possession 10 days after the judgment is issued.

If the tenant can remedy ("cure") the situation, the notice must give the tenant 14 days to do so (or move out). If the tenant doesn't correct the behavior or move out within 14 days, the landlord can terminate the tenancy and file an eviction lawsuit. (Tenn. Code § 66-7-109 (2022).)

What is a Motion to Stay the Writ of Possession? Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident.

If you did something dangerous or threatening, the landlord only needs to give you three (3) days to move out. If you did not pay rent or broke your lease agreement, you may be given a thirty (30) day notice to move out.

The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.

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The court decides who should have possession of the item or items and issues a document called a writ of replevin. To win a replevin action, you must prove you are entitled to immediate possession of the property.If an action is one in replevin where possession cannot be obtained thereby, the plaintiff may proceed as in detinue. 4. The consignor, without lien or legal process, seized the vehicle from the possession of the plaintiff. A writ of replevin is one such vehicle to obtain possession on an expedited basis. It is called "detinue. --The writ shall command the sheriff to replevy the described personal property in possession of defendant. History.--s. Plaintiff applies for (check all that apply):. Writ of possession after hearing (Code Civ. Clerk: Please docket this case in an action of ☐ contract☐ tort ☐ replevin.

Tennessee Writ of Possession - Detinue Replevin

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