Tennessee Code Annotated
Tenn. Code Ann. § 26-3-101 (2026)
Personalty levied on first
✓ current as of May 2026
Executions shall be levied on the goods and chattels of the defendant, in the first instance, if any there be; but if, to the best of the officer's knowledge, there be no such goods and chattels, or not sufficient to answer the plaintiff's demands, the same shall be executed upon the lands and tenements.
Code 1858, § 3026 (deriv. Acts 1794, ch. 1, § 23); Shan., § 4754; Code 1932, § 8888; T.C.A. (orig. ed.), § 26-401.
Notes of Decisions
Cited in 4
cases, 1997–2000 · leading case: Cumberland Bank v. Smith, 43 S.W.3d 908 (Tenn. Ct. App. 2000).
Cumberland Bank v. Smith, 43 S.W.3d 908 (Tenn. Ct. App. 2000). “Smith, but the judgment creditor only has thirty days after the nulla bona return to file an action to preserve the judgment lien.”
Toyota Tsusho Am., Inc. v. Crittenden, 736 So. 2d 754 (Fla. 5th DCA 1999). “See Tenn.Code Ann. § 26-3-101 (1998). Thereafter, Toyota will be able to execute on Mr.”
Miceli v. Thompson (Tenn. Ct. App. 1999). “Tenn. Code Ann. § 26-3-101 (1980). In this case, the underlying judgment was rendered on March 4, 1994.”
Kitsie Hendrix v. James Cox (Tenn. Ct. App. 1997). “During the hearing, Black opposed confirmation of the sale on the basis that no nulla bona return had been made on Hendrix’ personalty before Cox levied execution on her realty, as required by Tennessee Code Annotated § 26-3-101. Fowler, representing Cox, argued that it was now…”
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