Tennessee Code Annotated
Tenn. Code Ann. § 26-3-104 (2024)
Indemnity bond of plaintiff
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
No sheriff or other officer shall be required to levy an execution on any property the title of which is disputed, or to sell the same after levy, unless the plaintiff will first give bond and security to such officer, to indemnify the sheriff or other officer against all damages and costs in consequence of the levy or sale. However, the bond or security is not required if the execution is issued in a proceeding to collect delinquent property taxes as defined by § 67-5-2502(c)(1)(D).
Amended by 2024 Tenn. Acts, ch. 967,s 19, eff. 5/21/2024.
Code 1858, § 3032 (deriv. Acts 1825, ch. 40, § 2); Shan., § 4760; Code 1932, § 8893; T.C.A. (orig. ed.), § 26-404.
Notes of Decisions
Cited in 2
cases, 1994–1999 · leading case: Keep Fresh Filters, Inc. v. Reguli, 888 S.W.2d 437 (Tenn. Ct. App. 1994).
Keep Fresh Filters, Inc. v. Reguli, 888 S.W.2d 437 (Tenn. Ct. App. 1994). “Reguli had requested the return of her automobile and did not request Keep Fresh Filters to furnish the indemnity bond authorized by Tenn.Code Ann. § 26-3-104 (1980) when the title to levied property is disputed.”
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.”
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