Introduction
Filing a claim in Small Claims Court in Tennessee, known as the General Sessions Court, is an affordable way to resolve disputes involving smaller monetary amounts. While the process is straightforward, understanding the costs involved is essential for proper planning. This guide breaks down the fees and other potential expenses associated with filing a claim in Tennessee.
1. Filing Fees in Tennessee
Filing fees in Tennessee’s General Sessions Court vary by county but typically range from $50 to $150. The exact amount depends on:
- The type of claim (e.g., monetary disputes or property damage).
- The county where you file the claim.
Examples of Filing Fees by County:
- Davidson County (Nashville): Filing fees start at $102.50.
- Shelby County (Memphis): Filing fees are typically $150.
- Knox County (Knoxville): Filing fees range from $100 to $150.
Check with your local General Sessions Court for the exact fee in your county.
2. Service Fees: Notifying the Defendant
After filing your claim, you must serve the defendant with a copy of the complaint and court summons. Service fees in Tennessee include:
- Certified Mail: $10–$20, depending on the mailing method.
- Personal Service by Sheriff: Typically $40–$60.
3. Additional Costs to Consider
A. Motion Filing Fees
If you need to file additional motions (e.g., to amend your complaint or request a new hearing), you may incur fees ranging from $25 to $50.
B. Judgment Enforcement Costs
If the defendant doesn’t pay the judgment voluntarily, you may need to take enforcement actions, such as:
- Wage Garnishment: $25–$50 filing fee.
- Bank Account Garnishment: $20–$50 filing fee.
- Lien on Property: $25–$100, depending on the county.
C. Document Preparation
If you need help completing the claim form, some legal aid services or courthouses may charge a small fee for assistance.
4. Fee Waivers for Financial Hardship
If you cannot afford the filing or service fees, you can apply for a Pauper’s Oath in Tennessee. This waiver allows you to file your claim without paying fees upfront if you meet specific financial hardship criteria.
How to Apply for a Fee Waiver
- Obtain a Pauper’s Oath form from your local General Sessions Court.
- Provide proof of financial hardship, such as pay stubs or proof of public assistance.
- Submit the completed form along with your claim.
5. Factors That Affect Total Costs
Several factors can influence the total cost of filing a claim:
- Claim Amount: Higher claims may incur higher fees.
- Number of Defendants: Serving multiple defendants increases service costs.
- Case Complexity: Additional motions or enforcement actions may require extra fees.
6. Is Filing in Small Claims Court Worth the Cost?
Benefits
- Affordable: Filing fees are low compared to higher courts.
- Quick Resolutions: Most cases are resolved within 30–90 days.
- Self-Representation: Avoids the expense of hiring a lawyer.
Considerations
- Ensure the claim amount justifies the filing and service fees.
- Winning a judgment does not guarantee payment; enforcement actions may add costs.
Frequently Asked Questions (FAQs)
1. How much does it cost to file a claim in Tennessee Small Claims Court?
Filing fees range from $50 to $150, depending on the county and case type.
2. Are there additional costs besides filing fees?
Yes, you may incur service fees (e.g., certified mail or sheriff service) and enforcement costs if the defendant fails to pay.
3. Can I waive the fees if I can’t afford them?
Yes, you can apply for a Pauper’s Oath to waive fees based on financial hardship.
4. Do I get reimbursed for filing fees if I win?
Yes, you can request reimbursement for filing and service fees as part of the judgment.
5. How long does it take to resolve a case in General Sessions Court?
Most cases are resolved within 1 to 3 months, depending on the court’s schedule.
6. Can I file a claim online in Tennessee?
Some counties offer online filing options. Check with your local General Sessions Court for availability.
Conclusion
Filing a claim in Tennessee’s Small Claims Court is a cost-effective way to resolve disputes, with filing fees ranging from $50 to $150. While additional costs like service fees and enforcement actions may apply, these expenses are relatively low compared to higher courts. For those facing financial hardship, fee waivers are available. To confirm specific costs and requirements in your county, contact your local General Sessions Court or visit their official website.