Cookeville, TN asked in Foreclosure, Real Estate Law and Collections for Tennessee

Q: Which path would be better ?

I have a Judgement, just placed a lein on the debtors property. I have a copy of the warranty deed signed over to only the debtor in December of last year. Also I have the TN realestate assessment data with value and descriptions of buildings on that property.

Would it be better to Ask for wit of execution from court clerk then have the sheriff of that county Levy the house/land real property to satisfy the debt or Motion for sale ?

Tenn. R. Civ. P. 69, which provides that a judgment lien creditor shall file a motion requesting that the court order a sale. In fact, Rule 69.07(3)specifically says "as long as a judgment lien is effective, no levy is necessary"

Under Tenn. Code Ann. § 16-3-406, when a Rule is in conflict with any other law, the Rule prevails. Would this help ?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Knoxville, TN
  • Licensed in Tennessee

A: You can request the Clerk issue the Levy, but it will probably cost some money. Your Lien is good 10 years from judgment date, unless extended. The Judgment (certified copy) should be filed in Register's Office where the property lies, so it will then be a Judgment Lien. The Debtor may claim Exemptions and the Courts will generally look towards the personal property prior to the land. Collection is very difficult. If you know where he banks, I would start there. Study your target well and be persistent or hire a collections attorney.

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