Tennessee Code Annotated
Tenn. Code Ann. § 28-1-114 (2026)
Counterclaim or third party complaint
✓ current as of May 2026
- (a) A counterclaim or third party complaint or cross-claim is not barred by the applicable statute of limitations or any statutory limitation of time, however characterized, if it was not barred at the time the claims asserted in the complaint were interposed.
- (b) If a nonsuit is taken as to the original civil action, any counterclaim, cross-claim or third party complaint arising from such action shall not be terminated but may proceed as an original civil action. However, if a counterclaim, cross-claim or third party complaint is filed as a civil action as permitted by this subsection (b) and such action does not proceed to an adjudication on the merits of such claim, the defendant shall have the right to file a counterclaim, cross-claim or third party complaint within the time allowed for the filing of a responsive pleading only if the original action is reinstituted pursuant to § 28-1-105.
- (c) Any counterclaim, cross-claim, or third party complaint arising from an action or suit originally commenced in general sessions court and subsequently recommenced as an original action or as a counterclaim, cross-claim or third party complaint pursuant to this section in circuit or chancery court according to the provisions of § 28-1-105, shall not be subject to the monetary jurisdictional limit originally imposed in general sessions court.
Acts 1978, ch. 758, § 1; T.C.A., § 28-116; Acts 1983, ch. 365, §1; 1984, ch. 520, §§ 2, 4; 1985, ch. 344, § 2.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1985–2024 · leading case: Grand Valley Lakes Prop. Owners Ass'n, Inc. v. Dennis Burrow, 376 S.W.3d 66 (Tenn. Ct. App. 2011).
Grand Valley Lakes Prop. Owners Ass'n, Inc. v. Dennis Burrow, 376 S.W.3d 66 (Tenn. Ct. App. 2011). “Burrow cites Tennessee Code Annotated Section 28-1-114 as a “saving” statute, which he argues tolls the application of the statutes of limitation in this case.”
Cross v. McCurry, 859 S.W.2d 349 (Tenn. Ct. App. 1993). “T.C.A. § 28-1-114 reads in part: 28-1-114.”
Manning v. Fort Deposit Bank, 619 F. Supp. 1327 (W.D. Tenn. 1985). “Waring Cox next asserts that the state of Tennessee attempted to remedy the conflict between the statute of limitations of *1332 the UCATA and other statutes of limitations by enacting Tenn.Code Ann. § 28-1-114 (Supp.1985) in 1978.”
Feild v. Graffagnino, 514 F. Supp. 2d 1036 (W.D. Tenn. 2007). “§ 28-1-105 and Tenn.Code Ann. § 28-1-114 may have protected Plaintiff's claims from the statute of limitations in this Court if his claims had been timely filed in state court.”
Fed. Deposit Ins. v. Hooper, 700 F. Supp. 915 (M.D. Tenn. 1988). “Section 28-1-114 provides: 28-1-114. Counterclaim or Third party complaint.”
Josephine Phelps v. Vern Benke, Jr. (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 28-1-114 (a). Among other things, the Appellants argue that the provisions of Tennessee Code Annotated section 28-1-114 are unavailable to ejectment actions.”
Rita A. Roach v. Moss Motor Co., Inc. (Tenn. Ct. App. 2022). “” See Tenn. Code Ann. § 28-1-114 (a). Because the cross-claim was untimely, Ford avers, it would have been futile to allow the amendment asserting it.”
Zurich Am. Ins. Co. v. Scott, Murphy & Daniel, LLC (E.D. Tenn. 2024). “proceeding against the debtor that was or could have been commenced before the commencement of the 5 In opposing McMahan and USA’s motions to dismiss, SMD argued that Tennessee Code Annotated § 28-1-114(a) creates an exception to the statute of repose contained in Tennessee Code…”
Thomas E. Moorehead v. Joy Vail Allman (Tenn. Ct. App. 2011). “” Tenn. Code Ann. § 28-1-114 (a). Therefore, as Tenn.”
Robert Daniels & Peggy Daniels v. Michael D. Wray (Tenn. Ct. App. 2009). “1 Tenn. Code Ann. § 28-1-114 states: "A counterclaim or third-party Complaint or cross- claim is not barred by the applicable statute of limitations or any statutory limitation of time, however characterized, if it was not barred at the time the claims asserted in the Complaint…”
— Tenn. Code Ann. § 28-1-114(a) — 4 cases
Fed. Deposit Ins. v. Hooper, 700 F. Supp. 915 (M.D. Tenn. 1988). “Section 28-1-114 provides: 28-1-114. Counterclaim or Third party complaint.”
Rita A. Roach v. Moss Motor Co., Inc. (Tenn. Ct. App. 2022). “” See Tenn. Code Ann. § 28-1-114 (a). Because the cross-claim was untimely, Ford avers, it would have been futile to allow the amendment asserting it.”
Josephine Phelps v. Vern Benke, Jr. (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 28-1-114 (a). Among other things, the Appellants argue that the provisions of Tennessee Code Annotated section 28-1-114 are unavailable to ejectment actions.”
Zurich Am. Ins. Co. v. Scott, Murphy & Daniel, LLC (E.D. Tenn. 2024). “proceeding against the debtor that was or could have been commenced before the commencement of the 5 In opposing McMahan and USA’s motions to dismiss, SMD argued that Tennessee Code Annotated § 28-1-114(a) creates an exception to the statute of repose contained in Tennessee Code…”
— Tenn. Code Ann. § 28-1-114(b) — 1 case
Josephine Phelps v. Vern Benke, Jr. (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 28-1-114 (a). Among other things, the Appellants argue that the provisions of Tennessee Code Annotated section 28-1-114 are unavailable to ejectment actions.”
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