Tennessee Code Annotated
Tenn. Code Ann. § 25-5-104 (2026)
Bill to subject interest
✓ current as of May 2026
In both cases, of realty and personalty, the lien shall cease, unless a bill in equity, to subject such interest, is filed within thirty (30) days from the return of the execution unsatisfied.
Code 1858, § 2986 (deriv. Acts 1832, ch. 11, § 3); Shan., 4714; mod. Code 1932, § 8049; T.C.A. (orig. ed.), § 25-505.
Notes of Decisions
Cited in 7
cases, 1980–2008 · leading case: Bodin Apparel, Inc. v. Lowe, 614 S.W.2d 571 (Tenn. Ct. App. 1980).
Bodin Apparel, Inc. v. Lowe, 614 S.W.2d 571 (Tenn. Ct. App. 1980). “3 With particularity the issue is raised as to whether the creditor must comply with the thirty (30) day time limit for filing a bill in equity after the return of execution unsatisfied imposed by T.C.A. § 25-5-104. The ruling of the court below, decided on cross motions for…”
Atkins v. Marks, 288 S.W.3d 356 (Tenn. Ct. App. 2008). “Whether the trial court lacked subject matter jurisdiction under Tenn.Code Ann. § 25-5-104 because the Petition filed May 19, 2003 was filed more than thirty days after the return of the first writ of execution unsatisfied on October 16, 2002; 2.”
Coffey v. Se. Energy, Inc. (In Re Coffey), 21 B.R. 804 (Bankr. E.D. Tenn. 1982). “T.C.A. § 25-5-104 states the lien shall cease unless a bill in equity to subject the debtor’s interest is filed within thirty (30) days from the return of the execution unsatisfied.”
Waldschmidt v. Metals (In Re Ward), 42 B.R. 946 (Bankr. M.D. Tenn. 1984). “§ 25-5-104. 1 The claim is that Edgcomb and thus the trustee lost its rights under the lien by failing to file a “bill to subject interest” within 30 days of the return of the execution unsatisfied as required by the statute.”
Cumberland Bank v. Smith, 43 S.W.3d 908 (Tenn. Ct. App. 2000). “See Tenn. Code Ann. § 25-5-104 . The creditor has the right to rely on the sheriffs return.”
John Mark Atkins, surviving spouse & next of kin of Victoria H. Atkins, & as parent of Lauren Atkins v. Robert Clive Marks (Tenn. Ct. App. 2008). “Tenn. Code Ann.§ 25-5-104 (2000). Debtor asserts that after thirty (30) days had elapsed after the return of the first writ, Creditor lost the lien entirely.”
Miceli v. Thompson (Tenn. Ct. App. 1999). “This action was commenced after the time period as prescribed by T.C.A. 25-5-104 and T.C.A. 25-5-105 and the lien expired.”
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