Small Claims Court in Williamson County

In Williamson County, TN small claims cases are filed in the Circuit Court. Williamson County has one Circuit Court that handles 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 Williamson Court System.

Small Claims Court

In Tennessee's General Sessions Court, the process is more straightforward, but that also means the amounts you can potentially recover are smaller compared to other courts. For small claims cases, the most you can get back is $25,000.

Cases Handled

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

• Disputes between tenants and landlords
• Personal injury claims
• Property theft
• Property damage
• 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. All communication must include the other party. This means no phone calls, letters, emails, or texts to the judge, and you should avoid trying to approach the judge in public. If you happen to see the judge outside of court, a polite greeting is all that’s appropriate. This rule ensures that the judge only discusses your case when both parties 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 could result in jail time or fines. Make sure your witnesses are aware of these rules, as their behavior can influence how the judge perceives their testimony. Don’t forget to turn off your cell phone while in court.
• Tell the Truth: All witnesses are required to swear or affirm to tell the truth. Lying in court is a serious offense and can lead to criminal charges.
• Read All Papers Carefully: Be sure to read all documents you receive carefully and follow any instructions, such as court dates. If something is unclear, ask an attorney for advice or speak with the Court Clerk for clarification. While the Clerk cannot offer legal advice, they can provide helpful information.

Cost

Small Claim Filing Fees (Excluding Service of Process Fees)

• Category One Cases: This includes cases related to contracts, personal injury, property damage, malpractice, wrongful death, employment discrimination, civil rights violations, tax disputes, special remedies, and similar issues. The filing fee is between $140.50- $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
  • Additional service fees may apply
• 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 any evidence you plan to present. This includes papers, documents, photos, or any other items you want to use as proof, which the court refers to as exhibits. Before the trial starts, you must exchange your evidence with the other side, and they must do the same with you.

Your evidence might 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 ahead of time helps save time during the trial. The judge wants to avoid delays while both sides examine each other’s evidence. Sharing this information beforehand also gives you a chance to see what the other side plans to present.

Remember to bring the original 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 for the court and helps ensure a fair trial.

• Courtroom Layout:
  • The Bar: This area in front of the judge is reserved 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. Do not make loud noises, threats, or speak out of turn. Turn off your cell phone, and refrain from loitering outside the courtroom or in the halls. Be polite to everyone, even if you disagree with them, and follow the judge’s instructions.
  • When addressing the judge, questioning a witness, or making an objection, always stand. This shows respect and ensures the judge can hear you clearly.
• Court Attendance and Procedures:
  • Arrive Early: Aim to be at court at least 15 minutes before your scheduled time. Allow extra time for parking, security, and finding your courtroom.
  • Docket Call: The judge or clerk will begin by calling the list of cases for the day. When your name is called, raise your hand and say “here.”
• Important Points:
  • Defendants: If you are the defendant and fail to show up, you risk losing the case by default judgment.
  • Plaintiffs: If you are the plaintiff and miss your court date, 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 whether to reschedule your case.
• What Happens in Court:
  • 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.
  • Settling Before Trial: Try to settle your case with the other party or their attorney before the trial. If you are close to a settlement during the docket call, inform the judge. They may give you additional time if needed.
  • 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 critical. 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 may rule against them automatically, meaning they lose the case and could be required 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, typically announced at the start of court.
• Hearsay: Testimony about what someone else said. Witnesses should only testify about what they know directly, although there are some 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 grants 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 gives the judge an understanding of the key points of the case.

II. Plaintiff’s Proof:

• If you are the plaintiff, you go first. Present your evidence and call your witnesses to support your case. Your goal is to make your evidence more convincing than the defendant’s. After each witness, the defendant can cross-examine them. Once you’ve presented 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 finished presenting 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 the judge may set time limits.

VI. Decision:

• The judge will then make a decision on the case. Regardless of the outcome, 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 to verify it.

(b) Questioning Witnesses:

• Avoid leading questions—questions 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, such as documents or photos, is genuine. This typically 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, inform the Clerk. You may be able to file an appeal without paying upfront, but keep in mind that if you lose the appeal, the court may still charge you for 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 defending party 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 a 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 it must pay all costs that accumulated after the offer was made. New offers can still be made later, even if the initial one was 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, and court judgments.
• 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.
• 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.
• 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:

Circuit Court Clerk

Debbie McMillan Barrett
Williamson County Judicial Center
135 4th Ave
South Franklin, TN 37064
(615) 790-5432
https://www.williamsoncounty-tn.gov/243/Circuit-Court-Clerk

BUILDING HOURS

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

CITIES SERVED

• Brentwood
• Fairview
• Franklin
• Spring Hill (partly in Maury County)

Let Squabble Help You With Your Small Claim at Williamson 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 Williamson 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.