Legal Question in Credit and Debt Law in Tennessee

A person signed a promissory note who I lend money, went to court and won a judgment in the general sessions court (civil summons). Since the judgement was issued in knoxville TN court, can I charge interest? It was not specified on the judgement (Tennessee court, is accruing interest at a rate of 10% per annum, such being specified by Section 47-14-121, Tennessee Code Annotated). Can I also ask the defendent to pay court costs if it was not stated on the judgement?

Asked on 5/05/12, 4:55 pm

1 Answer from Attorneys

Howard R. Peppel Peppel, Gomes & MacIntosh, P.C.

With respect to the interest, unless the judge placed a specific rate of interest on the civil warrant when he/she entered the judgment, it will accrue interest at the rate of ten percent per annum, regardless of which court entered the judgment in your favor. Likewise with respect to the court costs. Pursuant to Tennessee law, since you won the case the person you sued will have to pay the court costs which would include a refund/reimbursement to you of any filing fees you may have paid when you filed the suit.

If you know where the defendant is working or has a bank or other financial institution account, you can have the Knox County General Sessions Court issue an execution. Make sure when you are requesting the issuance of the execution that you tell the clerk's office the amount of accrued interest to be added to the judgment principal. The courts in Tennessee generally do not keep up with the interest calculations - that is usually the responsibility of the plaintiff. The court should then automatically add the court costs to the papers when the execution is issued.

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Answered on 5/05/12, 6:30 pm

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