Small claims in Tennessee.
Standard $25,000 cap with jurisdiction varying by county.
- Most you can sue for$25,000Same cap for individuals and businesses
- Filing feeVaries by countyFees are set by local courts
- CourtGeneral Sessions Court
- Lawyers at trialAllowedPermitted but not required
- Appeal window10 daysTrial de novo in Circuit Court
- Recent change—No major changes in the last 3 years
Find your situation.
Tennessee small claims handles money disputes up to $25,000 (or $25,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Tennessee allows 6 years to file for breach of a written contract and 6 years for oral contracts.
Wrong court for these12 situations small claims can’t handle
Eviction (unlawful detainer)
Eviction proceedings are handled separately and are not within the jurisdiction of General Sessions Court.
Try instead: Circuit Court eviction process
Title to real estate
Disputes involving the title to real estate exceed the jurisdiction of General Sessions Court.
Try instead: Chancery Court
Defamation
Defamation claims are complex and typically exceed the jurisdictional limits of General Sessions Court.
Try instead: Circuit Court
Malpractice
Professional malpractice claims require detailed evidence and are beyond the scope of General Sessions Court.
Try instead: Circuit Court
Family law and probate
Matters such as divorce, child custody, and probate are handled by specialized courts.
Try instead: Chancery Court or Family Court
Federal claims
Claims involving federal law, such as bankruptcy or patents, are outside the jurisdiction of state courts.
Try instead: Federal District Court
Class actions
Class action lawsuits are complex and exceed the jurisdictional limits of General Sessions Court.
Try instead: Circuit Court
Injunctions/specific performance
General Sessions Court cannot grant equitable remedies like injunctions or specific performance.
Try instead: Chancery Court
Claims against the federal government
Suits against the federal government must be filed in federal court.
Try instead: Federal District Court
Workers' compensation
Workers' compensation claims are handled by specialized administrative courts.
Try instead: Tennessee Bureau of Workers' Compensation
Mandatory-arbitration disputes
Disputes subject to mandatory arbitration clauses are typically resolved outside of court.
Try instead: Arbitration panel
Suing a deceased person
Claims against deceased individuals must be filed against their estate in probate court.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can facilitate settlement and is advisable.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the General Sessions Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fee and reasonable service costs are added to the judgment.
E-filing in Tennessee: E-filing availability depends on the county; check with the local court clerk.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 5 days before the hearing (in the same county) or 10 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
- Certified mail by clerk. Clerk sends the documents via certified mail to the defendant.
- Private process server. A licensed individual delivers the documents to the defendant.
File the proof of service (C-43) at least 3 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, service by publication may be permitted with court approval.
If the defendant is evading service, you may request alternative methods of service from the court.
Show up to the hearing
Bench trial, typically lasting 15-30 minutes per case.
Lawyers at trial: Allowed. Parties may represent themselves or be represented by an attorney.
When you’ll get the decision: On the spot or mailed within 2 weeks
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must provide evidence to support the claim and amount of damages.
If you’re the defendant being sued
Defendants are not required to file a written answer but must appear in court on the scheduled date.
Counter-suing the plaintiff: Allowed using C-34 (Counterclaim). Serve the plaintiff at least 5 days before trial (same county) or 10 days (out of county).
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 10 days to pay. Judgments accrue 5.5% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $30-50 plus sheriff fees
Notes: Most effective when debtor is W-2 employed at a stable job.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution, serve the bank, and the bank freezes and transfers funds to the court.
Cost: $50-100 plus sheriff fees
Notes: Effective if debtor maintains significant bank balances.
What’s protected:
- Social Security and federal benefits
Property lien
Place a lien on debtor's real property to secure the judgment.
How it works
File a lien with the county recorder's office; the lien must be satisfied before the property can be sold or refinanced.
Cost: $25-50 filing fee
Notes: Effective if debtor owns real property with equity.
What’s protected:
- Homestead exemption up to $5,000
Writ of execution
Seize and sell debtor's non-exempt personal property.
How it works
Obtain a writ of execution, sheriff seizes property, and it is sold at public auction to satisfy the judgment.
Cost: $100-200 plus sheriff fees
Notes: Effective if debtor owns valuable non-exempt personal property.
What’s protected:
- Personal property up to $10,000
Multiple creditors? Priority rules.
Priority among multiple judgment creditors is generally determined by the order in which liens are filed.
Can you appeal if you lose?
either
- Deadline: 10 days from the judgment notice.
- Form: C-41 — Appeal Bond.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal results in a new trial in Circuit Court as if the original trial had not occurred.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Davidson
- E-filing availability: Davidson County offers online filing through the Odyssey eFileTN system.
Shelby
- Filing fees: Shelby County has higher filing fees compared to other counties; check with the local clerk for current rates.
Why cases get dismissed.
Wrong defendant naming
What goes wrong: If you sue 'John's Garage' but the legal entity is 'JG Auto Repair LLC', the judgment may be unenforceable against the LLC's assets.
How to avoid it: Search the Secretary of State business records before filing and use the exact registered name; for sole proprietors use the individual's full legal name.
Missed statute of limitations
What goes wrong: Filing one day after the deadline gets the case dismissed with prejudice.
How to avoid it: Check the SOL for your specific claim type before filing; for fraud, the discovery rule applies but be prepared to prove when you reasonably could have discovered it.
Improper service of process
What goes wrong: If the defendant isn't properly served, the case may be dismissed or delayed.
How to avoid it: Follow Tennessee's rules for service carefully; consider using the sheriff's office or a professional process server.
Failing to appear in court
What goes wrong: If you don't show up, the court may dismiss your case or enter a default judgment against you.
How to avoid it: Mark your calendar and set reminders; if you can't attend, request a continuance in advance.
Insufficient evidence
What goes wrong: Without enough evidence, the judge may rule against you.
How to avoid it: Gather all relevant documents, photos, and witness statements before the hearing.
Ignoring court orders
What goes wrong: Failing to comply with court orders can result in contempt charges or dismissal of your case.
How to avoid it: Read and follow all court orders carefully; if unsure, seek legal advice.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources18 citations and statutes
- Tennessee Courts
- TN General Sessions Courts
- TN Help / Self-Represented Litigants
- Tenn. Code Ann. § 16-15-501 et seq.
- Tenn. Code Ann. Title 16
- Tenn. Code Ann. § 28-3-101 et seq.
- Tennessee Rules of Civil Procedure
- TN Courts — Forms
- TN AOC Court Costs and Fees
- Tenn. R. Civ. P. Rule 4
- Tenn. Code Ann. § 27-5-108
- Tenn. Code Ann. Title 26
- Tenn. Code Ann. § 26-2-101
- Tenn. Code Ann. § 47-18-101 et seq.
- Tenn. Code Ann. § 47-29-101
- Tenn. Code Ann. § 66-28-301
- Tenn. Code Ann. § 50-2-103
- Tenn. Code Ann. § 47-14-121
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.