Tennessee Code Annotated
Tenn. Code Ann. § 26-6-105 (2026)
Service of process - Enforcement proceeding delayed
✓ current as of May 2026
- (a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
- (b) Promptly upon the filing of the foreign judgment and affidavit, the clerk of the court wherein the judgment is filed shall issue a summons to be delivered for service to any person authorized to serve process. This person shall serve the summons and return endorsed thereon shall be proof of the time and manner of service.
- (c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until thirty (30) days after the date a summons has been served upon the judgment debtor.
Acts 1976, ch. 530, § 3; 1977, ch. 50, § 1; T.C.A., § 26-803.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1999–2026 · leading case: Est. of Mark Bentley v. Wood Byrd, 556 S.W.3d 211 (Tenn. Ct. App. 2018).
Est. of Mark Bentley v. Wood Byrd, 556 S.W.3d 211 (Tenn. Ct. App. 2018). “See Tenn. Code Ann. § 26-6-105 (c) (“No execution or other process for enforcement of a foreign judgment .”
Bailey v. Sneed, 49 S.W.3d 327 (Tenn. Ct. App. 2001). “§ 26-6-105(c), and the judgment debtor(s) may appear and show why enforcement of the judgment should be stayed.”
Boardwalk Regency Corp. v. Roy Patterson & Trump Taj Mahal Assoc. v. Roy Patterson (Tenn. Ct. App. 1999). “§ 26 - 6-104(a) or Tenn. Code Ann. § 26-6-105 (a). We have determined that the trial court correctly determined that the casinos’ lawyer’s failure to comply with Tenn.”
Ice Stores, Inc. v. Gregory Reier Holmes (Tenn. Ct. App. 2008). “It stated: 1 Section 26-6-105 states: At the time of the filing of the foreign judgm ent, the judgment creditor or the judgment creditor’s lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the…”
Poser Investments, Inc. v. Old Nat'l Hosp. Co. (Tenn. Ct. App. 2026). “Tenn. Code Ann. § 26-6-105 (c). At the judgment creditor’s request, the Tennessee court entered an “Order on Foreign Judgment.”
Capital Partners Network OT, Inc. v. TNG Contractors, LLC (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 26-6-105 (a). Once these documents are filed, the clerk of the court in which they were filed must issue a summons to the judgment debtor.”
The Wolf Org., Inc. v. TNG Contractors, LLC (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 26-6-105 (b); Tenn. R. Civ.”
Minor Miracle Prods., LLC v. Randy Starkey (Tenn. Ct. App. 2012). “Tenn. Code Ann. § 26-6-105 . The Act describes the defenses that can be raised to enforcement of a foreign judgment filed in Tennessee: A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as…”
Cadlerock, LLC v. Sheila R. Weber (Tenn. Ct. App. 2011). “Specifically, the Act requires: (1) filing an authenticated copy of the judgment in either a circuit or chancery court, see Tenn. Code Ann. § 26-6-104 (a) and (2) filing an affidavit containing the names and last known addresses of the judgment creditor and the judgment debtor,…”
W&T, Inc. v. Carol Ham (Tenn. Ct. App. 2009). “Tenn. Code Ann. § 26-6-105 . Of course, if a foreign judgment is subject to appeal or has been stayed in the rendering state, then its enforcement may be stayed.”
Tareco Props., Inc. v. Steve Morriss (Tenn. Ct. App. 2004). “Tenn. Code Ann. § 26-6-105 & -106; Bailey v.”
A To Z Smart Prods. & Consulting v. Bank of Am. (Tenn. Ct. App. 2014). “On February 1, 2013, the court entered an order permitting “execution or other process for enforcement of the foreign judgment may proceed, pursuant to Tennessee Code Annotated Section 26-6-105(c).” On February 4 the Clerk and Master issued a garnishment against Bank of America,…”
— Tenn. Code Ann. § 26-6-105(a) — 3 cases
Est. of Mark Bentley v. Wood Byrd, 556 S.W.3d 211 (Tenn. Ct. App. 2018). “See Tenn. Code Ann. § 26-6-105 (c) (“No execution or other process for enforcement of a foreign judgment .”
Ice Stores, Inc. v. Gregory Reier Holmes (Tenn. Ct. App. 2008). “It stated: 1 Section 26-6-105 states: At the time of the filing of the foreign judgm ent, the judgment creditor or the judgment creditor’s lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the…”
Boardwalk Regency Corp. v. Roy Patterson & Trump Taj Mahal Assoc. v. Roy Patterson (Tenn. Ct. App. 1999). “§ 26 - 6-104(a) or Tenn. Code Ann. § 26-6-105 (a). We have determined that the trial court correctly determined that the casinos’ lawyer’s failure to comply with Tenn.”
— Tenn. Code Ann. § 26-6-105(b) — 1 case
Ice Stores, Inc. v. Gregory Reier Holmes (Tenn. Ct. App. 2008). “It stated: 1 Section 26-6-105 states: At the time of the filing of the foreign judgm ent, the judgment creditor or the judgment creditor’s lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the…”
— Tenn. Code Ann. § 26-6-105(c) — 5 cases
Est. of Mark Bentley v. Wood Byrd, 556 S.W.3d 211 (Tenn. Ct. App. 2018). “See Tenn. Code Ann. § 26-6-105 (c) (“No execution or other process for enforcement of a foreign judgment .”
Bailey v. Sneed, 49 S.W.3d 327 (Tenn. Ct. App. 2001). “§ 26-6-105(c), and the judgment debtor(s) may appear and show why enforcement of the judgment should be stayed.”
A To Z Smart Prods. & Consulting v. Bank of Am. (Tenn. Ct. App. 2014). “On February 1, 2013, the court entered an order permitting “execution or other process for enforcement of the foreign judgment may proceed, pursuant to Tennessee Code Annotated Section 26-6-105(c).” On February 4 the Clerk and Master issued a garnishment against Bank of America,…”
The Wolf Org., Inc. v. TNG Contractors, LLC (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 26-6-105 (b); Tenn. R. Civ.”
Poser Investments, Inc. v. Old Nat'l Hosp. Co. (Tenn. Ct. App. 2026). “Tenn. Code Ann. § 26-6-105 (c). At the judgment creditor’s request, the Tennessee court entered an “Order on Foreign Judgment.”
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