Tennessee Code Annotated
Tenn. Code Ann. § 25-2-101 (2026)
Power given before action
✓ current as of May 2026
- (a) Any power of attorney or authority to confess judgment which is given before an action is instituted and before the service of process in such action, is declared void; and any judgment based on such power of attorney or authority is likewise declared void.
- (b) This section shall not affect any power of attorney or authority given after an action is instituted and after the service of process in such action.
Code 1932, § 8848; T.C.A. (orig. ed.), § 25-201.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 2001–2026 · leading case: Joe W. Brown v. AmSouth Bank (Tenn. Ct. App. 2018).
Joe W. Brown v. AmSouth Bank (Tenn. Ct. App. 2018). “They argue that the “[d]efendants had no right to sell the real property to [the Browns] as [the Browns] already owned it” and that “[t]he settlement agreement is also not enforceable and void” under Tennessee law, Tenn. Code § 25-2-101. Because the Browns raised their arguments…”
Capital Partners Network OT, Inc. v. TNG Contractors, LLC (Tenn. Ct. App. 2018). “The underlying judgment is void as a matter of law pursuant to T.C.A. § 25-2-101(a) because it was based on a power of attorney to confess a judgment given before an action was instituted.”
Capital Partners Network OT, Inc. v. TNG Contractors, LLC (Tenn. Ct. App. 2020). “Tenn. Code Ann. § 25-2-101 . Thus, cognovit notes or clauses are void under Tennessee statute.”
Jontae A. Fischiettie v. Econo Auto Painting of West Tennessee, Inc. (Tenn. Ct. App. 2026). “Tenn. Code Ann. § 25-2-101 . 8 This amount included $23,433.”
Mantis Funding LLC v. Buy Wholesale Inc. (Tenn. Ct. App. 2022). “-2- arguments opposing full faith and credit rest on Tenn. Code Ann. § 25-2-101 , which states, in pertinent part: (a) Any power of attorney or authority to confess judgment which is given before an action is instituted and before the service of process in such action, is…”
State of Tennessee v. Lavon Lyn Nunnery (Tenn. Crim. App. 2007). “McLIN, JUDGE 2 The defendant cites Tennessee Code Annotated section 25-2-101, which states: (a) Any power of attorney or authority to confess judgment which is given before an action is instituted and before the service of process in such action, is declared void; and any…”
Charles Salsman v. Texcor Indus. (Tenn. Ct. App. 2001). “On February 10, 2000, the defendants filed a motion to 1 Tennessee Code Annotated § 25-2-101 (a) prov ides: Any powe r of attorney or au thority to co nfess judg me nt which is given before an ac tion is instituted and before the service of process in such action, is declared…”
— Tenn. Code Ann. § 25-2-101(a) — 2 cases
Capital Partners Network OT, Inc. v. TNG Contractors, LLC (Tenn. Ct. App. 2018). “The underlying judgment is void as a matter of law pursuant to T.C.A. § 25-2-101(a) because it was based on a power of attorney to confess a judgment given before an action was instituted.”
Capital Partners Network OT, Inc. v. TNG Contractors, LLC (Tenn. Ct. App. 2020). “Tenn. Code Ann. § 25-2-101 . Thus, cognovit notes or clauses are void under Tennessee statute.”
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