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Tennessee Code Title 28. Limitation of Actions § 28-3-110

Current as of January 01, 2020 | Updated by FindLaw Staff

(a) 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.

(b)(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:

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

(B) The judgment debtor is convicted of a criminal offense for the conduct that resulted in the injury or death;  or

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

(2)(A) 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.

(B) When entering a civil judgment on or after July 1, 2014, to which this subsection 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.

(c)(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:

(A) 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);

(B) Obtains a certified copy of the person's civil judgment that was based on the defendant's criminal conduct;

(C) 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.

(d) 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) are 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__________
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Cite this article: FindLaw.com - Tennessee Code Title 28. Limitation of Actions § 28-3-110 - last updated January 01, 2020 | https://codes.findlaw.com/tn/title-28-limitation-of-actions/tn-code-sect-28-3-110.html

Read this complete Tennessee Code Title 28. Limitation of Actions § 28-3-110 on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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