Small Claims Court in Sumner County

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

Small Claims Court

In Tennessee's General Sessions Court, the process is more straightforward, but this also means that the amounts you can win are capped lower than in other courts. For small claims cases, the most you can recover is $25,000.

Cases Handled

The Small Claims Division deals with cases where individuals, businesses, or organizations are trying to recover money for various reasons, including:

• Disputes between tenants and landlords
• Personal injury claims
• Property theft
• Property damage
• Debt collection
• Issues with auto repairs
• Construction quality concerns
• Defective products
• Breaches of contracts or verbal agreements

General Information

• No Private Conversations with the Judge:
  • You cannot speak privately with the judge; all communication must include both parties.
  • No phone calls, letters, emails, or texts to the judge.
  • Avoid talking to the judge in public.
  • If you see the judge outside of court, offer a polite greeting only.
  • This ensures the judge only discusses your case when both sides are present.
• Show Respect in Court:
  • Be polite and respectful to everyone in the courthouse.
  • Avoid threats, cursing, yelling, arguing, or using rude gestures.
  • Violating these rules could lead to jail time or fines.
  • Make sure your witnesses understand these rules, as their behavior affects how the judge views their testimony.
  • Remember to turn off your cell phone before entering the courtroom.
• Tell the Truth:
  • All witnesses must swear or affirm to tell the truth.
  • Lying in court is a serious offense and can lead to criminal charges.
• Read All Papers Carefully:
  • Carefully read all documents you receive and follow any instructions, especially regarding court dates.
  • If something is unclear, ask an attorney or the Court Clerk for clarification.
  • The Clerk cannot provide legal advice but can offer helpful information.

Cost

Small Claim Filing Fees (Excluding Service of Process Fees)

• Category One Cases: Covers issues like contracts, personal injury, property damage, malpractice, wrongful death, employment discrimination, civil rights violations, tax disputes, special remedies, and similar cases.
  • Filing fee: $284.50
• Petition for Contempt (on existing cases):
  • Fee: $77.00
• Petition to Encroach Funds:
  • Fee: $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.

  • Fee: $25.00

• Subpoenas:

  • Foreign Court and Personal (Clerk fee): $6.00 (Additional service fee may apply, as listed above)

• Continuances:

  • Fee: $7.00

• Publications:

  • Fees vary;make checks payable to the requested publication (see form for details).

• Copies:

  • Fee: $0.50 per page

• Mailing (certified or registered mail):

  • Fee: Actual costs

• Certification and Seal:

  • Fee: $5.00

• Processing of Funds Paid Through Clerk:

  • Fee: $40.00

• Expungements:

  • Fee: $100.00

• Preparing a Record on Appeal from Circuit Court to an Appellate Court:

  • Fee: $300.00

• Cross-filings and Counter-Complaints:

  • Fee: $102.00

• Third Party Complaints:

  • Same fee as the original complaint, minus a $57.50 litigation tax.

Prepare for Court

When you go to court for your trial or hearing, make sure to bring all your witnesses and any evidence you plan to present. This includes papers, documents, photos, or any other items you want to use as proof—referred to as exhibits in court. Before the trial starts, 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
• Documents like leases, contracts, estimates, or other written materials
• Drawings
• Any other items you plan to present in court

Reviewing the evidence in advance helps save time during the court session. The judge wants to avoid delays while both sides examine each other’s evidence. Sharing the evidence before court also allows you to see what the other side will present. Remember to bring:

• The original evidence for the court
• A copy for yourself
• Enough copies for the other side

Going to Court

• Dress and Behavior:
  • Dress Appropriately: Treat the court appearance like an important job interview to show respect and help 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 at the back of the courtroom. Stay quiet until your case is called.
• Behavior in Court:
  • Respectful Conduct: Always be respectful in the court building. Avoid cursing, yelling, name-calling, or being rude. No loud noises or threats.
  • Turn Off Your Cell Phone: Ensure it is silent before entering the courtroom, and avoid loitering outside the courtroom or in the halls.
  • Polite Interaction: Be polite to everyone, even if you disagree. Follow the judge’s instructions.
  • Stand During Key Moments: Stand when speaking to the judge, questioning a witness, or making an objection. This shows respect and ensures the judge can hear you.
• Court Attendance and Procedures:
  • Arrive Early: Arrive at least 15 minutes before your scheduled time. Allow extra time for parking, security, and finding your courtroom.
  • Docket Call: When court begins, the judge or clerk will call the list of cases for the day. When your name is called, raise your hand and say “here.”
• Important Points:
  • Defendants: If you’re the defendant and fail to appear, you risk losing the case by default judgment.
  • Plaintiffs: If you’re 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 to 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:
  • Docket Call: The judge or clerk will call the list of cases. Be early and respond “here” when your name is called. The judge will check if cases are settled, grant continuances, or dismiss cases if parties are absent.
  • Settling Before Trial: Try to settle your case with the other party before the trial. If you're close to a settlement during the docket call, let the judge know. The judge may give you more time if needed.
  • Trial or Hearing: The judge will hear cases one by one. Be present and ready when your name is called.
• Final Reminder:
  • Show up on time. 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, such as a contract dispute, landlord/tenant issue, or car accident.
• Default Judgment: If the defendant doesn’t show up in court, the judge might automatically rule against them, meaning they lose the case and may 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, such as 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 begins 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 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 cross-examine 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 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:

• 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.
• Questioning Witnesses:
  • Avoid leading questions—questions that suggest the answer—when questioning your own witnesses.
  • You can use leading questions when questioning the other side’s witnesses.
• Relevance:
  • Ensure 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.
• Authenticity:
  • You must prove that your evidence, such as documents or photos, is genuine.
  • This usually requires a witness who can verify its authenticity.
• 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 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 the decision.
• You have 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 if you lose, the appeal court might still charge you costs later.

Judgments

Settlement Offers Before Trial

• More than 10 days before trial, either party can offer to settle the case by agreeing to a judgment for a specific amount of money or property, including any accumulated costs.
  • Defendant's Offer:
    • The defendant can offer to settle by allowing a judgment against them for a specific amount.
  • Plaintiff's Offer:
    • Similarly, the plaintiff 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 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

• 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
    • Court judgments
• Service of Writ of Garnishment:
  • The sheriff serves the garnishee with:
    • Three copies of the writ of garnishment
    • One copy of the notice to the judgment debtor
• 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 any is found:
    • 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.
• Failure of Garnishee to Respond:
  • If the garnishee fails to respond or pay on time, a conditional judgment may be entered against them.
  • The garnishee will be ordered to explain why the judgment should not become final.
    • If they do not provide sufficient cause within 10 days, the judgment becomes final.
    • The court may issue a writ of execution against the garnishee for the full amount owed, plus costs.

Courthouse Locations:

Sumner County Circuit Court Clerk's Office

155 East Main Street
Gallatin, TN 37066
(615) 452-4367, ext. 4
https://www.sumnercourts.com

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 Sumner County

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