Small Claims Court in Shelby County

In Shelby County, TN small claims cases are filed in the Small Claim Court. Shelby County has One 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 Shelby Court System.

Small Claims Court

In Tennessee's General Sessions Court, the simplified procedures also mean that the amounts you can recover are lower than in other courts. For small claims cases, the maximum you can recover is $25,000.

Cases Handled

The Small Claims Division handles cases where people, businesses, or organizations are looking to recover money for a range of issues, such as:

• Disputes between tenants and landlords
• Claims for personal injuries
• Theft of property
• Damage to property
• Debt collection
• Disagreements over auto repairs
• Concerns about construction quality
• Defective products
• Breaches of contracts or verbal agreements

Small Claim General Info

• No Private Conversations with the Judge: You are not allowed to speak with the judge privately; any communication must include the other party. This means no calls, letters, emails, or texts to the judge, and you should avoid trying to talk to the judge in public. If you happen to see the judge outside of court, simply offer a polite greeting. This rule ensures that the judge only discusses your case when both sides are present.
• Show Respect in Court: Always be polite and respectful to everyone in the court building. Avoid threats, cursing, yelling, arguing, or making rude gestures. Breaking these rules can lead to jail time or fines. Make sure your witnesses understand these rules as well, since their behavior can influence how the judge views their testimony. Also, remember to turn off your cell phone while in court.
• Tell the Truth: All witnesses must swear or affirm to tell the truth. Lying in court is a serious offense that can lead to criminal charges.
• Read All Papers Carefully: Make sure to carefully read all documents you receive and follow any instructions, like court dates. If you don’t understand something, seek advice from an attorney or ask the Court Clerk for clarification. While the Clerk cannot give legal advice, they can provide helpful information.

Cost

Small Claim Filing Fees (Excluding Service of Process Fees)

• Category One Cases: This category covers issues like contracts, personal injury, property damage, malpractice, wrongful death, employment discrimination, civil rights violations, tax disputes, special remedies, and other similar cases. 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
• 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, be sure to bring all your witnesses and any evidence you plan to present. This includes papers, documents, pictures, or any other items you want to use as proof, which the court refers to as exhibits. Before the trial begins, you must share all your evidence with the other side, and they must do the same with you. Your evidence can include:

• Photos or videos
• Papers like leases, contracts, estimates, or other written documents
• Drawings
• Any other items you plan to present in court

Reviewing the evidence ahead of time helps save time in court. The judge wants to avoid delays while you and the other side examine each other’s evidence. Sharing this information before court also gives you a chance to see what the other side will present.

Remember to bring the original of your evidence for the court, a copy for yourself, and enough copies for the other side.

Going to Court

When you come to court, dress and behave as you would for an important job interview. This shows respect and helps ensure a fair trial.

Courtroom Layout:

• The Bar: This area, located in front of the judge, is for those directly involved in the case, their lawyers, and witnesses. Court staff also occupy this space. Only enter the bar when the judge - calls your case.
• Public Seating: Everyone else sits in the back of the courtroom. Stay quiet until your case is called.

Behavior in Court:

While in the court building, always act respectfully. Avoid cursing, yelling, name-calling, or being rude. Don’t make loud noises, threats, or speak loudly. Turn off your cell phone and don’t loiter 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. This shows respect and ensures the judge can hear you clearly.

Court Attendance and Procedures:

• Arrive Early: Be at court at least 15 minutes before your scheduled time. Allow extra time for parking, going through security, and finding your courtroom.
• Docket Call: When court begins, the judge or clerk will call 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:

• Contact the Court Clerk’s Office: Call and explain your situation. Ask whom you should contact.
• Explain Your Situation: Provide a phone number where you can be reached and explain why you can’t attend. The judge will decide if the case can be rescheduled.

What Happens in Court:

1. Docket Call: The judge or clerk will call the list of cases. 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.
2. 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, let the judge know. They may give you more time if needed.
3. Trial or Hearing: The judge will hear cases one by one. Be present and ready when your name is called.

Remember, showing up on time is crucial. If you don’t, you risk losing your case by default or dismissal. Make sure to attend your court date!

Court Terms

While this court tries to keep legal terms simple, it’s important to understand a few key ones:

• Plaintiff: The person or company who filed the lawsuit.
• Defendant: The person or company being sued.
• Cause of Action: The type of case being heard, like a contract dispute, landlord/tenant issue, or car accident.
• Default Judgment: If the defendant doesn’t show up in court, the judge might rule against them automatically, meaning they lose the case and might have to pay or meet the plaintiff's demands.
• Dismissal: If the plaintiff doesn’t show up, the case is dismissed, and the plaintiff loses.
• Docket Call: The list of cases scheduled for the day, usually announced at the start of court.
• Hearsay: Testimony about what someone else said. Witnesses should only talk about what they know directly, though there are exceptions. If you have questions about evidence, ask the judge.
• Exhibits: Items used as proof, like papers, videos, audio recordings, or photos.
• Continuance: When the judge gives more time before the trial starts, rescheduling part or all of the trial.

Trial

I. Opening Statement: Each side starts with a brief overview of their case, explaining what they plan to prove. This helps the judge understand the key points of the case.

II. Plaintiff’s Proof: If you’re the plaintiff, you go first. Present your evidence and call your witnesses to support your case. The goal is to make your evidence more convincing than the defendant’s. After you present each witness, the defendant can cross-examine them. Once you’ve finished presenting all your evidence, you “rest” your case.

III. Defendant’s Proof: As the defendant, you present your evidence after the plaintiff has rested their case. Call your witnesses and present your proof, with the plaintiff having the chance to cross-examine. Once you’ve presented all your evidence, you also “rest” your case.

IV. Rebuttal: After both sides have rested, the plaintiff can introduce rebuttal witnesses to challenge the defendant’s evidence. The defendant can then question these rebuttal witnesses and may offer additional evidence to counter the rebuttal.

V. Closing: Each side summarizes the key points and evidence presented during the trial. Keep your closing statement brief and focused, as judges may set time limits.

VI. Decision: The judge will then decide the outcome of the case. Regardless of the result, remain calm and respectful. If you have any questions, ask the judge how to proceed or consult with the court clerk.

Key Rules for Evidence:

• (a) Hearsay: You cannot use testimony about what someone else said (hearsay). Only testify about what you personally know. If you have written proof, the person who wrote or created it must be present in court.
• (b) Questioning Witnesses: Avoid leading questions—those that suggest the answer—when questioning your own witnesses. However, you can use leading questions when questioning the other side’s witnesses.
• (c) Relevance: Make sure your evidence is directly related to the case and helps prove your point. Irrelevant evidence or anything meant to embarrass the other side is not allowed.
• (d) Authenticity: You must prove that your evidence, like documents or photos, is genuine. This usually requires a witness who can verify its authenticity.
• (e) Objecting: If the other side breaks the rules of evidence, you can object by saying, “Your honor, I object” and explaining why. The judge will then decide whether to “sustain” (agree with) or “overrule” (disagree with) your objection. Always be respectful and avoid arguing with the judge.

Appeal

If you disagree with the judge’s decision, either side has the right to appeal. You have ten (10) days to file an appeal with the Circuit Court, where a different judge will review your case.

Steps to Appeal:

1. Ask for Details: Visit the General Sessions Clerk’s Office to get information about the appeal process and the associated costs.
2. Cost Concerns: If you can’t afford the appeal fees, let the Clerk know. You may be able to file an appeal without paying upfront, but keep in mind that if you lose, the appeal court might still charge you costs later.

Judgments

Settlement Offers Before Trial

More than 10 days before a trial, either party can offer to settle the case by agreeing to a judgment for a specific amount of money or property, including any costs that have accumulated:

• Defendant's Offer: The party defending against the claim can offer to settle by allowing a judgment against them for a specific amount.
• Plaintiff's Offer: Similarly, the party making the claim can offer to settle by allowing judgment against the opposing party for a specific amount.

If the other party agrees within 10 days, they can file the offer and the acceptance with the court, and the 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 isn’t better than the offer, the party who rejected the offer must pay all costs that accumulated after the offer was made. New offers can still be made later, even if the initial one is not accepted.

Execution of Judgment: Garnishment Process

1. Garnishee’s Duty Generally:
   • A garnishee, when served with a writ of garnishment, must identify and account for any property belonging to the judgment debtor. This includes 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:
   • By the next business day after being served, the garnishee must check for any property belonging to the debtor. If they find any, they must mail one copy of the writ and notice to the debtor’s last known address. For financial institutions, the balance in the debtor’s account 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, the court may issue a judgment and writ of execution against the garnishee.
4. Failure of Garnishee to Respond:
   • If the garnishee fails to respond or pay on time, a conditional judgment may be entered against them, and they will be ordered to explain why the judgment should not become final. If they do not provide sufficient cause within ten days, the judgment will become final, and the court may issue a writ of execution against the garnishee for the full amount owed, plus costs.

Courthouse Locations:

Shelby County TN – Civil Division

140 Adams
Room 106
Memphis, TN 38103
(901) 222-3400
https://www.shelbycountytn.gov/

BUILDING HOURS

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

Let Squabble Help You With Your Small Claim at Shelby County

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