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Frequently
Asked Questions
- Q: Where
is the Civil Division of General Sessions Court Clerk's Office located?
- A:
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Main
Office
Civil Division
140 Adams, Room 106
Memphis, Tennessee 38103-2093
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East
Office
Civil Division
1075 Mullins Station Road
Room W115
Memphis, Tennessee 38134
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- Q: Is
the east office able to assist with any court transaction like the
downtown office?
- A: No.
The east office is unable to process or present matters which
need the immediate attention of a Judge.
Q: When making a judgement payment or garnishment
payment to the Civil Division where do I send it?
- A:
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General
Sessions Court Clerk's Office
Civil
Division
P.O. Box 3824
Memphis, Tennessee 38173
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- Q:
What are the Civil Division office hours?
- A:
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Main
Office - 140 Adams
Office hours - 8:00 a.m.. to 4:30 p.m.
Monday through Friday
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East
Office - 1075 Mullins Station Road
Room W 115
Office hours - 9:00 a.m.. to 4:30 p.m.
Monday through Friday
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- Q:
What is the Civil Division's phone number and Fax number
- A:
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Main
Office
140 Adams Ave.
(901) 545-4031 (office)
(901) 545-2515 (fax)
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East
Office
1075 Mullins Station Road
Room W 115
(901) 379-7052 (office)
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- Q: What
are the court costs associated with the filing of a civil lawsuit?
- A:
Please review our current Clerk Cost Sheet.
Filing fees are due upon the filing of a civil lawsuit.
Q: How do I file a civil lawsuit with the General
Sessions Court and what is the process?
- A:
* Please Note: The 24 Hour Clerk's Office, located
at 201 Poplar Suite LL-26, is available to file civil lawsuits, after
the Civil Division main office is closed.
- Q: How
do I file a FED (Forcible Entry and Detainer) action to remove someone
from the premises not paying their rent?
- A:
- The
Clerk's office provides the necessary preprinted forms.
- The
form is completed with needed information, such as: the defendant's
name and address of the real property to obtain personal service
on the defendant(s), and state a cause of action. The summons
must sufficiently state the cause of action so as to give the
defendant notice of the charge he is to meet and enable him to
prepare a defense.
- The
filing fees are paid to the clerk's office.
- The
clerk's office forwards the summons to the requested server to
allow for the attempt of service to be made on the defendant(s).
- The
server will set a court date upon successful attempt of service.
- The
server shall return the process back to the clerk's office.
- The
Plaintiff (Property Owner) must appear at the court hearing before
a General Sessions Court Judge to render a decision in the matter.
- Judgment
entries are final ten days from the date of entry.
- If
the Defendant does not make arrangement to pay. The property owner
must file a "Writ of Possession" obtained from the Clerk's Office,
along with a filing fee. The Clerk's office will issue the writ
of possession. The server will make arrangements to meet the owner
at the premises and the eviction process will take place.
- If
a judgment for a monetary amount was given, collection Procedures
may commence after ten (10) days from the judgment entry.
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Please Note: The clerk's office does not notify plaintiff's
of court settings. It is the responsibility of the filing
party to make inquires to the Clerk's Office, Sheriff's Office
and or the Private Process Server's Office concerning your
case status for a court setting.
Please Note: The 24 Hour Clerk's Office, located at 201 Poplar Suite
LL-26, is available to file civil lawsuits, after the Civil Division
main office is closed.
- Q: What
time does civil court convene?
- A:
The court calendar is called daily at 10:00 a.m. and again at 1:30
p.m.
with the exception of Friday afternoon. On Friday, the court calendar
is called only at 10:00 a.m.
Q:
Am I required to have an attorney in the General Sessions Court?
- A:
No. You may represent yourself in a court matter.
You should be familiar with the Rules of Court. The Judge will not
be able to assist you. The General Sessions Court- Civil Division
Court Rules may be obtained from the Judges' Secretary's Office and
or the Clerk's Office.
However, corporations are required to have legal representation in
any court proceedings.
"Power of Attorney" is not recognized in the Courts of General Sessions.
Q: How
do I appeal a case to the Circuit Court?
- A:
Appeals must be filed within ten days from
the entry date of the judgment. Either party may appeal from a final
judgment. A $211.50 cost bond (in lieu
of pauper's oath) is required. Bond requirements
are set out in the Tennessee Code Annotated. Bond requirements pertaining
to F.E.D. matters differ from bond requirements of a civil lawsuit.
The General Sessions Court 24-Hour Clerk's Office is available for
accepting the filing of an appeal from both the Civil Division and
the Criminal Division of the General Sessions Courts.
Q:
How do I collect my judgment?
- A:
The Plaintiff or Attorney of record can request the issuance of a
garnishment or levy.
You must have knowledge that the judgment debtor owns land or personal
property free of liens or mortgages to issue a levy to satisfy the
judgment.
You must have knowledge of the judgment debtor's employer to garnish
their wages or knowledge of their bank account to garnish the account.
Q. When
may I receive funds from the Clerk's Office?
A.
Funds received are held for twenty working days from the date of
receipt in accordance with Tennessee laws. After the twenty day
hold period has expired, funds are payable to the Attorney of record
or Plaintiff' upon request Monday through Friday, with the exception
of the first five working days of the month.
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Q:
How do I stop the garnishment on my wages?
- A:
The defendant may, upon payment of a $25.00 filing fee, file a motion
for installment payments.
A stay of garnishment is issued upon the first filing of a motion
for installment payments.
A court date is set within approximately eight days from the filing
of the motion for installment payments to be reviewed by a General
Sessions Court Judge. The Judge will grant or deny the motion before
the court.
Payments are to be made to the Clerk's Office. If judgment debtor
complies with the order stating the payment schedule, wage deductions
are stayed.
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Q. What is a "Motion to Quash"?
A.
A judgment debtor may claim exemption rights after the service of
an execution or garnishment by filing a motion to quash the garnishment
or execution. The Clerk's office will provide the necessary form.
The motion to quash form must be filed Twenty (20) days from the
withholding of wages and or bank account by a garnishee/ employer.
Q: What
if the defendant does not comply with the agreed Installment payment
arrangement?
- A: The
plaintiff and or attorney may submit to the clerk's office a "Reinstatement
of Garnishment" form. These forms are available in the Civil
Division Clerk's Office, Garnishment Counter. There is not a filing
fee for this request.
Upon the filing of the "Reinstatement of Garnishment" form
the Clerk's Office will calculate payments and give notice to the
employer of the credits. The form is forwarded to a server to be served
on the employer. The employer should commence deductions and remit
to the court.
Q: What is the cost to get a release on a garnishment?
- A: All
outstanding cost are due upon the issuance of a release. A letter
from the attorney of record and or the plaintiff must be obtained
giving the clerk's office a directive regarding further steps to be
taken by the Clerk's Office regarding each individual case.
Q: How
can I clear up my credit report with the credit bureau?
- A: Once
the General Sessions Court Clerk's office has received a "Satisfaction"
letter from the Attorney of record and or the plaintiff , for a $6.00
fee, the General Sessions Court Clerk's office can
notify the credit bureau of your case status.
Q: Why does the General Sessions Court Clerk's
Office assign Attorney Code numbers and what are they used for?
- A: The
General Sessions Court Clerk's Office assigns a code number to be
used by the attorney and or plaintiffs who file numerous cases. The
assigned code number should be written on each lawsuit filed. The
code allows for multiple case settings to be placed on the court calendar
in one division of court. The code number also provides an effecient
manner to disburse judgement money
we have received.
Q:
How can I obtain detailed specific case information from the General
Sessions Court Clerk's Office regarding a specific case?
- A: Our
office is happy to assist you with pertinent case information. Information
can be obtained in person at our offices during normal business hours,
from our IVR phone system or from this website. The
clerk's office also provides public access work stations at our downtown
location.
But, please remember the clerk's office is prohibited
by law from giving any legal advise regarding any case. If you have
a question(s) regarding a legal matter you may wish to seek the assistance
of a practicing attorney.
Instructions
for Consent Announcement Form
- In order to
take advantage of this procedure the following rules must be followed:
1. Announcements must be on the court's form or an exact duplicate
of this form.
2. Announcements must be signed by an attorney (original Signature,
no stamps) and the attorney's name must be typed or legibly printed
in the space provided. Forms that do not comply will be ignored.
3. Announcements must be by the express consent of all of the parties.
The fact that you have not heard from one or more of your opponents
does not mean they agree with your announcement. There is only one
exception to this rule: (a) The plaintiff may (at plaintiff's cost)
enter either a voluntary non-suit or a dismissal without consent of
the parties. There are no other exceptions.
4. Documents transmitted must be imprinted with a fax banner containing
information that identifies the origin of the transmission.
5. This form may be transmitted via facsimile or hand carried to the
court.
6. Consent judgments must comply with Rule 5.0 or the Rules of Court.
7. Fax Announcement MUST BE RECEIVED BY THE COURT ABSOLUTELY BEFORE
THE TIME OF THE CASE SETTING. (IF YOUR CASE IS SET AT 10:00 A.M. DO
NOT FAX IT AT FIVE MINUTES BEFORE, IT MAY NOT BE RECEIVED IN TIME
FOR COURT)
THIS PROCEDURE WILL BE RESTRICTED TO USE BY ATTORNEYS ONLY!!!
Quick
Civil Division Phone Listing
Filing
Counter: (901) 545-4031
- Clerk
Filing Fee
- Out
of County Cost- Lawsuits and executions
- Request
for Cost Bills/ Certified Copies
- Filing
of document information
- Appeals
Data
Transcribing Department: (901) 545-4031
- Processing
and the issuance of document filings:
- Shelby
County Sheriff's Office
- Approved
Private Process Server
- Tennessee
Out of County Sheriff's Office
- Tennessee
Secretary of State
- Tennessee
Commissioner of Insurance
- Extra
Territorial Service
- Requests
for publication
- Return
service obtained by Approved Private Process Server
Court
Calendar Clerk: (901) 545-4031
- Direct
assistance regarding daily court calendar:
a:
Add on's
Accounting
Department: (901) 545-4031
- Direct
assistance regarding:
a: Funds
received
b:Funds
disbursed
- Letter
of Satisfaction
- Refunds
Court
Support Department: (901) 545-4031
- Garnishment
answers
- Return
service of documents
- Dispositions
- Certified
Copies
Garnishment
Counter: (901) 545-4031
- Motion
Filings:
- Installment
payments
- Quash
garnishment
- Obtain
a stay and or release
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Request for reinstatement of garnishment
Records
Department: (901) 545-4031
- Closed
case record
- Microfilmed
records
Q: If the Sheriff's Department
is trying to serve court papers on me, where
can I pick them up?
Shelby
County Sheriff's Department
Civil Division
11670 Memphis Arlington Rd.
Arlington, Tn
(901) 867-1480
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