All About Sessions Civil Court
The Court of General Sessions, Civil Division is a court of limited jurisdiction. A person may represent himself without an attorney. A corporation filing suit must have an attorney.
The following cases may be filed in Sessions Court on a Civil Warrant. These suits may not exceed $25,000.00. Suits above this amount must be filed in Circuit Court.
- Open Accounts
- Contracts
- Notes
- Damages
These suits may be filed for an unlimited amount.
The clerk must have an original civil warrant and a copy for each defendant to file a suit. An additional civil warrant is required for service out of county or out of state. All cost on civil warrants are prepaid unless a pauper’s oath is filed. The warrant must include the following information:
- The plaintiff’s name, address and phone number
- The defendant’s name, home address, work address, and phone number
- The attorney’s name, address, and attorney’s number
- The type of action and the amount of the suit
- Both sides of the warrant must have the same style
Civil warrants served by the Secretary of State must be accompanied by a $20.00 check payable to the Secretary of State. Civil warrants served by the Commissioner of Insurance must be accompanied by a $15.00 check payable to the Commissioner of Insurance. Civil warrants served out of county must have a $52.00 check payable to the sheriff of the county doing the service.
The hearing on cases are set in advance of service by the clerk. The clerk is not required to send notification of any court dates. It is the responsibility of the plaintiff to call the clerk’s office to confirm service and the court date.
There are no jury trials in Sessions Court. It is not a court of record and all judgments are rendered by the Judge.
A thirty day notice, or 10 day notice if Rent is weekly, must be given to the tenant before a detainer warrant can be issued, unless lease states otherwise. Writs of possession may not be issued until the eleventh day from the judgment date. When a plaintiff is given a judgment for possession of the property on a detainer warrant, it is the plaintiff’s responsibility to request the writ of possession. Arrangements for service are made through the Sheriff’s Department. The plaintiff is responsible for removing any possessions left by the tenant from the property.
An appeal on a judgment must be filed within ten days after the judgment is rendered. The cost of Appeal is $209.50. A garnishment can be issued on the eleventh day after the judgment date. A wage garnishment is effective for six months. Personal checks cannot be accepted on garnishments.
Attorney
Question: Can I file a case without an attorney?
Answer: Yes. This office cannot give you any legal advice.
Question: Can I change attorneys?
Answer: Yes, but you need to discuss this with your current attorney.
Question: Can the court recommend an attorney for my case?
Answer: No.
Question: How can an attorney issue a garnishment without notice?
Answer: Garnishments are issued only if a judgment has been entered.
Question: Where do I call for case information?
Answer: (423) 209-7630
Question: What is the phone number and FAX number for the Sessions Court Civil Division?
Answer: Phone: (423) 209-7630, Fax: (423) 209-7631
Question: Where is the Sessions Court Civil Division located?
Answer: On the first floor of the Hamilton County Courts Building, Chattanooga, Tennessee.
Question: What is the mailing address:
Answer: Sessions Court Civil Division, 600 Market St, Room 110, Chattanooga, TN 37402
Logistics
Question: Can I talk to a Judge about my case?
Answer: No. Judges do not speak with individuals concerning matters they will have to rule on.
Question: Can I access case information from the Internet?
Answer: Yes. Tennessee Case Finder is the Public Inquiry System for the Offices of the Circuit Court Clerk which provides convenient 24/7 access to cases filed in the Circuit and General Sessions-Civil Courts. Sign up for free at: www.TennesseeCaseFinder.com
Costs & Money
Sessions Civil Court Costs
Question: What is the charge for filing a suit?
Answer: Click the button above
Question: Why did I receive a statement for court costs when I have never been to Court?
Answer: Court costs are determined by the pleadings filed in
the Circuit Court – not an appearance in the Courtroom. The Judge assesses all costs.
Question: Why didn’t my attorney pay the court costs?
Answer: Court costs are taxed to the parties, not attorneys
Question: Where do I go to collect rent or for an eviction? (detainer)
Answer: General Sessions Court – Civil Division (423) 209-7630.
Question: How much are copies?
Answer: Copies are $0.50 per page. Certified Copies are $5.00 plus $0.50 per page.