Go to Previous Versions
of
this Section
2023 Tennessee Code
Title 26 - EXECUTION (§§ 26-1-101 — 26-6-211)
Chapter 1 - ISSUANCE AND RETURN IN GENERAL (§§ 26-1-101 — 26-1-402)
Part 2 - TIME FOR ISSUANCE (§§ 26-1-201 — 26-1-207)
Section 26-1-206 - Accelerated execution
Universal Citation:
TN Code § 26-1-206 (2023)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
- (a) After the adjournment of the court, and before the expiration of the time prescribed by §§ 26-1-202 - 26-1-206, the clerk shall issue execution without delay, upon affidavit made and filed in that clerk's office, that the defendant is about fraudulently to dispose of, conceal, or remove the defendant's property, to the endangering of plaintiff's debt.
- (b) Upon the rendition of judgment or decree, execution may be issued, by leave of the court, before the adjournment thereof, the plaintiff or the plaintiff's agent or attorney of the plaintiff, showing sufficient cause by affidavit.
- (c) In like manner, general sessions courts may, immediately after judgment and before the expiration of the time allowed by law for the stay of execution, issue execution on good cause shown by affidavit; and affidavit by the plaintiff, or the plaintiff's agent or attorney of the plaintiff, as prescribed in subsection (a), shall be good cause within the meaning of this subsection (c).
- (d) The issuance of execution under subsections (b) and (c), shall not deprive the defendant of any right the defendant would otherwise have had.
Code 1858, §§ 3009-3012 (deriv. Acts 1835-1836, ch. 17, § 10); Shan., §§ 4737-4740; Code 1932, §§ 8871-8874; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), §§ 26-116 -- 26-119.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.