Tennessee Small Claims Court: Complete 2025 Guide

Tennessee offers one of the most accessible small claims systems in the country, with a generous $25,000 limit handled through General Sessions Courts. The Tennessee State Courts provide resources for self-represented litigants. Whether you're pursuing a security deposit, contractor dispute, consumer complaint, or unpaid debt, this comprehensive guide covers everything you need to know about filing and winning your case in Tennessee.

Understanding Tennessee's Court System

Tennessee handles small claims through General Sessions Courts, which exist in each of the state's 95 counties. Unlike some states that have dedicated small claims divisions, Tennessee's General Sessions Courts handle both civil and criminal matters, with civil cases under $25,000 following simplified procedures.

The process is governed by Tennessee Code Annotated (T.C.A.) Title 16, Chapter 15, which establishes General Sessions Court procedures. While the rules are more relaxed than Circuit Court, parties should still come prepared with organized evidence and a clear presentation.

What Types of Cases Can Be Filed

Tennessee General Sessions Courts can hear most civil disputes involving money damages up to $25,000:

• Contract disputes: Unpaid invoices, broken agreements, service contracts
• Security deposit claims: Landlord failed to return deposit or made improper deductions
• Property damage: Vehicle accidents, vandalism, negligent damage to property
• Consumer complaints: Defective products, failed services, billing disputes
• Debt collection: Money owed under written or oral agreements
• Landlord-tenant disputes: Repairs, lease violations, unpaid rent
• Contractor disputes: Poor workmanship, incomplete projects, overcharges
• Personal injury: Minor injury claims under $25,000

What Cannot Be Filed in General Sessions

• Claims exceeding $25,000 (must file in Circuit Court)
• Cases seeking injunctions or specific performance
• Divorce, custody, or domestic relations matters
• Probate and estate matters
• Complex business disputes requiring discovery

Tennessee Small Claims Limits and Fees

Filing Fees by County

Tennessee filing fees vary by county. Common ranges include:

County Type	Typical Filing Fee
Major Metro (Nashville, Memphis, Knoxville)	$100 - $150
Mid-Size Counties	$75 - $100
Rural Counties	$50 - $75

Additional costs include service of process ($25-$50 for sheriff service or $15-$25 for certified mail) and witness subpoena fees if needed.

Fee Waivers

If you cannot afford filing fees, Tennessee courts offer fee waivers for indigent parties. You must file an Affidavit of Indigency demonstrating that paying fees would cause undue hardship. Forms are available at the court clerk's office.

Where to File Your Case

Tennessee requires cases to be filed in a court with proper venue. Under T.C.A. § 16-15-501, you generally file:

• Where the defendant resides: The county where the individual lives or business is headquartered
• Where the dispute occurred: Where the contract was made, breach occurred, or incident happened
• Where the defendant does business: For businesses operating in multiple locations

Major Tennessee Court Locations

• Davidson County (Nashville): 1 Public Square, Nashville - Multiple divisions
• Shelby County (Memphis): 140 Adams Avenue, Memphis
• Knox County (Knoxville): 300 Main Street, Knoxville
• Hamilton County (Chattanooga): 600 Market Street, Chattanooga
• Rutherford County (Murfreesboro): 20 Public Square North, Murfreesboro
• Williamson County (Franklin): 135 4th Avenue South, Franklin

Step-by-Step Filing Process

1Gather Your Documentation

Before filing, collect all evidence supporting your claim:

• Written contracts, agreements, or leases
• Invoices, receipts, and proof of payment
• Photographs and videos documenting damage or defects
• Text messages, emails, and written communications
• Repair estimates and replacement cost documentation
• Witness names and contact information

2Send a Demand Letter

While not legally required for most Tennessee claims, sending a demand letter offers significant advantages:

• Many disputes settle without court involvement, saving time and money
• Creates documentation that you attempted to resolve the issue
• Tennessee judges appreciate plaintiffs who made good-faith efforts
• Required for certain consumer protection claims under TCPA

3Complete the Civil Warrant

In Tennessee, small claims cases begin with a Civil Warrant (not a "complaint" as in other states). The Civil Warrant requires:

• Plaintiff information: Your full legal name, address, phone number
• Defendant information: Full legal name and address of the person or business you're suing
• Claim amount: The specific dollar amount you're seeking (up to $25,000)
• Statement of claim: A brief description explaining why the defendant owes you money

4File with the Court Clerk

Submit your Civil Warrant and pay the filing fee at the General Sessions Court clerk's office in the appropriate county. You'll receive:

• A case number for tracking
• A court date (typically 3-6 weeks out)
• Copies for service on the defendant

5Serve the Defendant

The defendant must receive official notice of the lawsuit. Tennessee allows:

• Sheriff service: A deputy personally delivers the papers. Most reliable method.
• Private process server: A licensed individual delivers the papers.
• Certified mail: Available in some counties. Defendant must sign for delivery.

Service must be completed at least 6 days before the court date. If service fails, request a continuance for more time.

6Prepare for Court

Use the time before your hearing wisely:

• Organize documents chronologically in a folder or binder
• Make three copies of everything: one for you, one for the judge, one for the defendant
• Write a brief outline of your case (what happened, how much you're owed, why)
• Practice explaining your case clearly in 5-10 minutes
• Confirm witnesses can attend and know when to arrive

The Court Hearing

What to Expect

Tennessee General Sessions hearings are less formal than Circuit Court but still follow a structure:

1. Check in: Arrive 15-30 minutes early and check in with the clerk
2. Docket call: The judge calls cases from a list. Listen for your name or case number.
3. Plaintiff presents: You explain your case first, present evidence, and may call witnesses
4. Defendant responds: The other party tells their side
5. Judge questions: The judge may ask clarifying questions of either party
6. Decision: Many judges rule from the bench; others issue written decisions within days

Tips for Your Presentation

• Be organized: Have documents ready and labeled for easy reference
• Be concise: Stick to relevant facts; don't ramble
• Be professional: Address the judge as "Your Honor" and dress appropriately
• Be honest: Don't exaggerate or misrepresent facts
• Don't interrupt: Wait your turn to respond to the defendant
• Show the math: Clearly explain how you calculated your damages

Tennessee Consumer Protection Act

The Tennessee Consumer Protection Act (TCPA), codified at T.C.A. § 47-18-101 et seq., provides powerful protections against unfair and deceptive business practices.

What the TCPA Prohibits

Under T.C.A. § 47-18-104, businesses cannot engage in:

• Passing off goods or services as those of another
• Misrepresenting the source, sponsorship, or certification of goods/services
• Misrepresenting the characteristics, ingredients, uses, or benefits of goods/services
• Advertising goods with intent not to sell as advertised
• Making false statements about price reductions
• Disparaging competitors through false representations
• Representing used goods as new

TCPA Remedies

If you prove a TCPA violation, T.C.A. § 47-18-109 allows you to recover:

• Actual damages: The money you lost due to the deceptive practice
• Treble damages: Up to three times actual damages for willful or knowing violations
• Attorney fees: Reasonable attorney fees if you prevail
• Court costs: Filing fees and litigation expenses

Tennessee Security Deposit Law

Tennessee's Uniform Residential Landlord and Tenant Act (T.C.A. § 66-28-101 et seq.) provides specific protections for tenants regarding security deposits.

Key Security Deposit Rules

• No maximum limit: Tennessee does not cap the amount landlords can charge for security deposits
• Deposit holding: Landlords must hold deposits in a Tennessee bank account separate from personal funds
• Return deadline: Landlords must return the deposit within 30 days after lease termination
• Itemization required: If making deductions, landlord must provide a written itemized list
• Normal wear and tear: Landlords cannot deduct for normal wear and tear (faded paint, worn carpet from normal use)

Tenant Remedies for Wrongful Withholding

If a landlord wrongfully withholds your security deposit, you can sue in General Sessions Court for:

• The full amount of the deposit wrongfully withheld
• Court costs
• Reasonable attorney fees (in some cases)

If the landlord acted in bad faith (knowingly withheld without justification), the court may award additional damages.

Tennessee Landlord-Tenant Law

Beyond security deposits, Tennessee law provides important protections for renters under T.C.A. § 66-28-101 et seq.

Landlord Obligations

Under T.C.A. § 66-28-304, landlords must:

• Comply with building and housing codes affecting health and safety
• Make all repairs needed to keep the premises fit and habitable
• Keep common areas clean and safe
• Maintain electrical, plumbing, heating, and other facilities in good working order
• Provide running water and reasonable heat
• Provide garbage receptacles and arrange for removal

Tenant Remedies for Repair Issues

If the landlord fails to make required repairs after proper notice:

1. Written notice: Send written notice specifying the needed repairs
2. 14-day cure period: Landlord has 14 days to repair (or less for emergencies)
3. Terminate lease: If not repaired, tenant may terminate with 14 days' notice
4. Sue for damages: Recover damages for diminished value of housing

After the Judgment

If You Win

Getting a judgment is just the first step. If the defendant doesn't pay voluntarily, Tennessee provides several collection tools:

• Wage garnishment: Up to 25% of the defendant's disposable earnings can be garnished
• Bank account levy: Seize funds from the defendant's bank accounts
• Property lien: Record the judgment as a lien against real property
• Personal property execution: Seize and sell non-exempt personal property
• Oral examination: Require the defendant to appear and disclose assets under oath

Tennessee judgments are valid for 10 years and accrue interest at 10% per year (or the contract rate if higher).

If You Lose

You have the right to appeal a General Sessions decision to Circuit Court. The appeal must be filed within 10 days of the judgment. Circuit Court conducts a "de novo" trial, meaning the case is heard fresh as if the General Sessions case never happened.

Tennessee Statutes of Limitations

You must file your lawsuit within Tennessee's deadline for your type of claim:

Claim Type	Time Limit	Tennessee Code
Written contracts	6 years	T.C.A. § 28-3-109
Oral contracts	6 years	T.C.A. § 28-3-109
Property damage	3 years	T.C.A. § 28-3-105
Personal injury	1 year	T.C.A. § 28-3-104
Consumer protection (TCPA)	1 year	T.C.A. § 47-18-110
Fraud	3 years	T.C.A. § 28-3-105

Frequently Asked Questions

Do I need a lawyer for Tennessee General Sessions Court?

No, you can represent yourself. General Sessions procedures are designed to be accessible to non-lawyers. However, if the other side has an attorney or if your case is complex, consulting with a lawyer may be worthwhile. Many Tennessee attorneys offer free initial consultations.

Why is Tennessee's limit so high ($25,000)?

Tennessee intentionally provides broader access to its General Sessions Courts to keep cases out of the more formal and expensive Circuit Court system. This benefits consumers pursuing larger claims without needing to hire expensive attorneys.

What if the defendant doesn't show up?

If the defendant was properly served but fails to appear, you can request a default judgment. You'll still need to prove your damages with evidence, but without the defendant present, this is usually straightforward.

Can I recover attorney fees in Tennessee?

Generally, each party pays their own fees unless a statute or contract provides otherwise. The TCPA allows fee recovery for consumer protection claims. Some contracts also include fee-shifting provisions.

What if my claim is over $25,000?

You must file in Circuit Court, which has no dollar limit but involves more formal procedures including discovery, motions practice, and potentially a jury trial. Circuit Court cases typically take longer and often require attorney representation.

How long does the process take?

From filing to hearing, expect 3-6 weeks. Most judges rule from the bench the same day. Collection, if the defendant doesn't pay voluntarily, can add weeks or months depending on the defendant's cooperation.

Can I sue a business in Tennessee?

Yes. For corporations and LLCs, you need the correct legal name and registered agent address. Search the Tennessee Secretary of State's business database at sos.tn.gov to find this information.

Tennessee Resources

Tennessee Attorney General Consumer Protection

• Consumer Protection Hotline: 1-800-342-8385
• Website: tn.gov/attorneygeneral
• File complaints online through the Consumer Protection Division

Tennessee Bar Association Lawyer Referral

• Phone: 1-800-342-8385
• Website: tba.org/public/lawyer-referral-service
• 30-minute consultations for $50

Tennessee Legal Aid

• Legal Aid Society of Middle Tennessee: 615-780-7123
• West Tennessee Legal Services: 731-423-0616
• Legal Aid of East Tennessee: 865-637-0484

Tennessee Courts Self-Help

• TNCourts.gov - Court forms and information
• Many courthouses have self-help centers with staff assistance
• Some counties offer free legal clinics for low-income residents