2021 Tennessee Code
Title 28 - Limitation of Actions
Chapter 3 - Limitation of Actions Other Than Real
Part 1 - Miscellaneous Limitations
§ 28-3-110. Actions on Public Officers' and Fiduciary Bonds — Actions Not Otherwise Covered — Affidavit of Conviction and Civil Judgment

Universal Citation: TN Code § 28-3-110 (2021)
  1. The following actions shall be commenced within ten (10) years after the cause of action accrued:

    1. Actions against guardians, executors, administrators, sheriffs, clerks, and other public officers on their bonds;

    2. Actions on judgments and decrees of courts of record of this or any other state or government; and

    3. All other cases not expressly provided for.

    1. Notwithstanding  subsection (a), there is no time within which a judgment or decree of a court of record entered on or after July 1, 2014, must be acted upon in the following circumstances:

      1. The judgment is for the injury or death of a person that resulted from the judgment debtor's criminal conduct; and

      2. The judgment debtor is convicted of a criminal offense for the conduct that resulted in the injury or death; or

      3. The civil judgment is originally an order of restitution converted to a civil judgment pursuant to § 40-35-304.

      1. Prior to entry of the judgment, the judge shall make a determination on the record that the plaintiff's injury or death was the result of the defendant's criminal conduct and that the defendant's conduct resulted in a criminal conviction.

      2. When entering a civil judgment on or after July 1, 2014, to which this subsection (b) applies, both the trial judge and clerk shall sign and note the existence of the conviction on the judgment document, and the clerk shall also make appropriate docket notations. Such signatures and notations shall be sufficient evidence that the judgment is valid until paid in full or otherwise discharged as authorized by law.

    1. Notwithstanding subsection (b), if a person was awarded a judgment meeting the criteria of subdivision (b)(1) but the judgment was entered prior to July 1, 2014, and is still valid as of the date it is presented to the clerk pursuant to this subsection (c), the statute of limitations on such judgment set out in subsection (a) shall be tolled if the person:

      1. Obtains a certified copy of the defendant's judgment of conviction from the clerk of the court in which the conviction occurred showing that the conviction meets the criteria of subdivision (b)(1)(A) and (B);

      2. Obtains a certified copy of the person's civil judgment that was based on the defendant's criminal conduct;

      3. Completes, under penalty of perjury, an affidavit, in substantially the form set out in subsection (d).

    2. The clerk shall ensure that the documents presented are those required by subdivision (c)(1). If they are the correct documents, the clerk shall record the documents and from the date of recordation, the statute of limitations of the person's civil judgment shall be tolled.

  2. The affidavit required to accompany the judgment of conviction and civil judgment shall be substantially as follows:

    AFFIDAVIT Comes the Affiant  (Printed Name) Under penalties of perjury, affiant deposes and says, to wit as follows: 1. I was awarded the attached civil judgment based upon the criminal conduct of another. 2. The attached judgment of conviction was the result of the criminal conduct. 3. The civil judgment and the judgment of conviction were based upon the same conduct. 4. The provision of § 28-3-110(b) is applicable to affiant pursuant to § 28-3-110(c). Further Affiant Saith Not Signature of Affiant ACKNOWLEDGEMENT State of Tennessee County of  On this   day of  , 20 , before me personally appeared   to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed, for the purposes therein set forth. (County Clerk) (Notary Public) My Commission Expires  20

    Click to view form.

  3. Notwithstanding subsection (a), there is no time within which a judgment or decree in a domestic relations matter issued by a court with domestic relations jurisdiction pursuant to title 36 must be acted upon, unless otherwise specifically provided for under title 36.

Code 1858, § 2776; Shan., § 4473; Code 1932, § 8601; modified; T.C.A. (orig. ed.), § 28-310; Acts 2014, ch. 596, § 1; 2020, ch. 596, § 1.

Disclaimer: These codes may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.