Small Claims Court in Davidson County

In Davidson County, TN small claims cases are filed in the Small Claim Court. Davidson County has 2 Courts that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Davidson Court System.

Small Claims Court

In Tennessee General Sessions Court, the relaxed procedures mean that recoverable amounts are more limited compared to other courts. For small claims actions, you can recover up to $25,000.

Cases Handled

The Small Claims Division addresses cases where individuals, partnerships, corporations, or sole proprietors seek monetary compensation for various issues, including:

• Tenant-landlord disputes
• Personal injury claims
• Property theft
• Property damage
• Debt collection
• Auto repair disputes
• Construction quality issues
• Defective products
• Contract breaches or verbal agreements

Small Claim General Info

1. No Private Conversations with the Judge: You cannot speak to the judge alone; the other party must be present. This means no calls, letters, emails, or texts to the judge, and no trying to talk to the judge in public. If you see the judge outside of court, just offer a polite greeting. This ensures the judge only discusses your case when both sides are present.
2. Show Respect in Court: Be polite and respectful to everyone in the court building. No threats, cursing, yelling, arguing, or rude gestures. Violating these rules can result in jail time or fines. Inform your witnesses of these rules as well, as their behavior can impact the judge's perception of their testimony. Turn off your cell phone while in court.
3. Tell the Truth: All witnesses must swear or affirm to tell the truth. Lying in court is a serious offense and can result in criminal charges.
4. Read All Papers Carefully: Carefully read all documents served to you and follow any instructions, such as court dates. If you don’t understand the papers, ask the Court Clerk for clarification. While the Clerk cannot provide legal advice, they can offer helpful information.

Cost

Small Claim Filing Fees (service of process fees not included)

• Category One Cases: These include issues like contracts, personal injury, property damage, malpractice, wrongful death, employment discrimination, civil rights violations, tax disputes, special remedies, and any other case not listed elsewhere. The filing fee is $284.50.
• Petition for Contempt (on existing cases): $77.00
• Petition to Encroach Funds: $27.00

Miscellaneous Charges and Fees

• Service of Process Fees:
  • Sheriff: $42.00
  • Secretary of State (includes Clerk’s seal): $25.00
  • Commissioner of Insurance (includes service by Sheriff to Commissioner of Insurance): $57.00
• Post-Judgment Requests: Each request for post-judgment interrogatories, motions to set installment payments, motions to quash garnishment, claims of exemption, or other related pleadings: $25.00
• Subpoenas:
  • Foreign Court and Personal (Clerk fee): $6.00
  • See above for additional service fee details if applicable
• Continuances: $7.00
• Publications: Fees vary; make checks payable to the requested publication (see form for details)
• Copies: $0.50 per page
• Mailing (certified or registered mail): Actual Costs
• Certification and Seal: $5.00
• Processing of Funds Paid Through Clerk: $40.00
• Expungements: $100.00
• Preparing a Record on Appeal from Circuit Court to an Appellate Court: $300.00
• Cross-filings and Counter-Complaints: $102.00
• Third Party Complaints: Same fee as the original complaint, minus a $57.50 litigation tax.

Prepare for Court

When you come to court for your trial or hearing, make sure to bring all your witnesses and all your proof. This includes any papers, documents, pictures, or other items of proof, which the court calls exhibits. You must show the other side all the proof you intend to use before the trial begins. They must also show you their proof.

Proof can include:

• Pictures or videos
• Any papers like leases, contracts, estimates, or other written documents
• Drawings
• Any other proof you plan to use in court

Seeing the proof ahead of time saves time in court. The judge does not want to waste time while you look at each other’s proof. Showing proof to each other before court gives you a chance to see what the other side will use.

Bring the original of your proof for the court to see, a copy for yourself, and enough copies for the other side.

Going to Court

When you come to court, dress and act in a neat and respectful manner, similar to how you would for an important job interview. This helps show respect and ensures a fair trial. The courtroom is divided into two main areas:

• The Bar: This area, located in front of the judge, is reserved for the people involved in the case, their lawyers, and witnesses. Court personnel are also in this area. You should only enter the bar when the judge calls you for your case.
• The Public Seating: Everyone else sits in the back of the courtroom. Remain quiet until your case is called.

While in the court building, maintain your best behavior. Avoid cursing, yelling, name-calling, or being rude. Don’t make noises, threats, or speak loudly. Turn off your cell phone and avoid loitering outside the courtroom or in the halls. Be polite to everyone, even if you disagree with them, and follow the judge’s instructions.

During your case, stand when speaking to the judge, questioning a witness, or making an objection. Standing shows respect and helps ensure that the judge can hear you clearly.

Court Attendance and Procedures

Arrive at court at least 15 minutes early. Allow extra time for parking, going through security, and finding the courtroom. When court starts, the judge or clerk will read the list of cases for the day, known as the docket call. When your name is called, raise your hand and say “here.”

Important Points:

• Defendants: If you are the defendant and don’t show up, you risk losing the case by default judgment.
• Plaintiffs: If you are the plaintiff and fail to attend, your case may be dismissed.

If You Have an Emergency:

• Call the Court Clerk’s office.
• Inform the clerk of your situation and ask whom you should contact.
• Explain why you can’t attend and provide a phone number where you can be reached.
• The judge will decide if the case can be rescheduled.

Remember: Failing to show up on time can result in losing your case through default or dismissal. Your court date is crucial, so ensure you arrive on time.

What Happens in Court

(A) Docket Call: At the start of court, the judge or clerk reads the list of cases, known as the docket call. Arrive early and respond with “here” when your name is called. The judge will check if cases are settled, grant continuances, or dismiss cases if parties are absent.

(B) Settling Before Trial: Try to settle your case with the other party or their attorney before the trial. If you’re close to a settlement during the docket call, inform the judge. They may grant additional time if needed.

(C) Trial or Hearing: The judge will hear cases one by one. Be present and ready when your name is called.

Court Terms

While this court tries to minimize the use of legal jargon, it's important to understand these key terms:

• Plaintiff: The person or company who originally filed the lawsuit.
• Defendant: The person or company being sued.
• Cause of Action: The type of case being heard, such as a contract dispute, landlord/tenant issue, or automobile accident.
• Default Judgment: When the defendant fails to appear in court, the judge may rule against them by default. This means the defendant loses the case and may have to pay or comply with the plaintiff's demands.
• Dismissal: When the plaintiff does not appear in court, the case is dismissed, and the plaintiff loses.
• Docket Call: The list of cases scheduled for the day, usually announced at the beginning of the court session.
• Hearsay: Testimony about what someone else said. Witnesses should only testify about what they know personally. There are exceptions, so consult the judge if you have questions about evidence.
• Exhibits: Items of proof such as papers, videos, audio recordings, or photos.
• Continuance: When the judge grants additional time before the trial begins, rescheduling all or part of it.

Trial

I. Opening Statement: Each side gives a brief overview of their case, outlining what they expect to prove. This helps the judge understand the case.

II. Plaintiff’s Proof: If you’re the plaintiff, present your evidence first. You must show that your evidence is more convincing than the defendant’s. After presenting each witness, the defendant can cross-examine. Once you’ve finished, you "rest" your case.

III. Defendant’s Proof: As the defendant, you present your evidence after the plaintiff rests. Call your witnesses and allow the plaintiff to cross-examine. When finished, you also "rest" your case.

IV. Rebuttal: After both sides rest, the plaintiff can bring rebuttal witnesses to counter the defendant’s proof. The defendant can then question these witnesses and possibly offer additional evidence to counter the rebuttal.

V. Closing: Each side summarizes their key points and evidence. Keep your closing statement brief and focused. Judges may impose time limits.

VI. Decision: The judge decides the outcome of the case. Regardless of the result, remain calm and respectful. Avoid arguing or being disruptive. If you have questions, ask the judge how to proceed or consult the court clerk.

Key Rules for Evidence

(a) Hearsay: You cannot use hearsay—testimony about what someone else said. Only testify about what you personally know. The person who wrote or created written proof must be present in court.

(b) Questioning Witnesses: Avoid leading questions (suggesting the answer) with your own witnesses. You can use them with the other side’s witnesses.

(c) Relevance: Evidence must be relevant to the case and help prove your argument. Irrelevant evidence or evidence meant to embarrass the other side is not allowed.

(d) Authenticity: You must prove that your evidence (documents, photos, etc.) is genuine, typically with a witness who can verify it.

(e) Objecting: If the other side breaks evidence rules, you can object by saying, “Your honor, I object” and explain why. The judge will rule “sustained” or “overruled.” Always be respectful and avoid arguing with the judge.

Appeal

If you disagree with the judge’s decision, you or the other side can appeal. You have ten (10) days to appeal to the Circuit Court, where a different judge will review the case. To appeal:

• Ask the General Sessions Clerk’s Office for the appeal process and cost details.
• If you can’t afford the fees, inform the Clerk. You may be able to appeal for free, but the appeal court could still charge costs later if you lose.

Judgments

More than 10 days before a trial, a party defending against a claim can offer to settle the case by allowing judgment against them for a specified amount of money or property, including any costs that have accumulated. Similarly, the party making the claim can offer to settle by allowing judgment against the opposing party for a specified amount of money or property, including costs.

If the other party agrees to the offer within 10 days, they can file the offer and the acceptance with the court, and judgment will be entered accordingly. If the offer is not accepted, it is considered withdrawn and cannot be used as evidence, except when determining costs. If the final judgment is not better than the offer, the party who rejected the offer must pay all costs that accrued after the offer was made. Even if an offer is not accepted, it doesn’t prevent new offers from being made later.

Execution of Judgment

(1) Garnishee’s Duty Generally A garnishee served with a writ of garnishment must respond and account for any property belonging to the judgment debtor, including real estate, personal property, money, wages, corporate stock, claims, and court judgments.

(2) Service of Writ of Garnishment The sheriff serves the garnishee with three copies of the writ of garnishment and one copy of the notice to the judgment debtor.

(3) Garnishee’s Duty Upon Service The garnishee must check for the debtor's property by the next business day after service. If found, one copy of the writ and notice must be mailed to the debtor’s last known address. For financial institutions, the account balance at the end of the service date is subject to garnishment.

Within ten days of service, the garnishee must file a written answer with the court listing any of the debtor's property they hold. Within thirty days of service, the garnishee must pay the court any money or wages (after exemptions) owed to the debtor. For other types of property, a judgment and writ of execution may be issued against the garnishee.

(4) Failure of Garnishee to Respond If the garnishee fails to respond or pay timely, a conditional judgment may be entered, and they will be ordered to show why it should not be final. If they do not provide sufficient cause within ten days, the judgment will become final, and a writ of execution may be issued against the garnishee for the full amount owed, plus costs.

Let Squabble Help You With Your Small Claim at Davidson County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Davidson County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

1. Davidson County General Sessions Court

   408 2nd Ave N #1130
   Nashville, TN 37201
   (615) 862-5195
   https://gscourt.nashville.gov/

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

2. Davidson County Circuit Court Clerk’s Office

   1 Public Square
   Suite 302
   Nashville, TN 37201
   (615) 862-5181
   https://circuitclerk.nashville.gov/circuit/

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.