Tennessee Code Annotated

Tenn. Code Ann. § 29-41-106 (2026)

Dismissal of abusive civil actions - Remedies - Costs

✓ current as of May 2026

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(a) If the court finds by a preponderance of the evidence that a person filing a civil action is an abusive civil action plaintiff, and that any or all civil actions filed by the abusive civil action plaintiff against the abusive civil action defendant that are pending before the court are abusive civil actions, the civil actions shall be dismissed.

(b) In addition to dismissal of any pending abusive civil action within the jurisdiction of the court, the court shall:
- (1) Tax all costs of any abusive civil action pending in the court at the time of the court's finding pursuant to subsection (a) against the abusive civil action plaintiff;
- (2) Award the civil action defendant reasonable attorney fees and all reasonable costs of defending the abusive civil action; and
- (3) Impose prefiling restrictions upon any civil action the abusive civil action plaintiff attempts to file for a period of not less than forty-eight (48) months nor more than seventy-two (72) months.

(c) If a civil action defendant alleges that a claim is an abusive civil action or that the plaintiff is an abusive civil action plaintiff, and the court finds by a preponderance of the evidence that the action was not an abusive civil action or that the plaintiff is not an abusive civil action plaintiff, the court may grant to the plaintiff such remedies as may be just, including granting judgment in favor of the plaintiff, granting partial judgment in favor of the plaintiff, or allowing factual interpretations in favor of the plaintiff.

(d) If a civil action defendant alleges that a claim is an abusive civil action or that the plaintiff is an abusive civil action plaintiff, and the court finds by a preponderance of the evidence that the action was not an abusive civil action or that the plaintiff is not an abusive civil action plaintiff, the court may:
- (1) Tax all costs related to litigating the issue of whether the action is an abusive civil action or whether the plaintiff is an abusive civil action plaintiff, against the civil action defendant who made the claim; and
- (2) Award the civil action plaintiff reasonable attorney fees and all reasonable costs of defending the claim that the action was an abusive civil action or that the plaintiff was an abusive civil action plaintiff.

Added by 2018 Tenn. Acts, ch. 872, s 1, eff. 7/1/2018.

Notes of Decisions

Cited in 8 cases (7 in the last 5 years), 2020–2026 · leading case: William Joseph Robinette v. Tina Robinette (2025).

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William Joseph Robinette v. Tina Robinette (2025). · cites it 6× “2 Although not raised as designated issues, Defendants present additional issues, which we have restated slightly as follows: (8) whether this Court lacks subject matter jurisdiction to hear this appeal and (9) whether they are entitled to recover their reasonable attorney’s…”

Vanessa Colley v. John S. Colley, III (2022). · cites it 3× “, the abusive lawsuit statute, Tenn. Code Ann. § 29-41-106 ; the parties’ MDA; and Tennessee Code Annotated section 36-5- 103(c).”

Loring Just. v. Kim Nelson (2024). · cites it 3× “She sought relief in the form of dismissal of Justice’s complaint, an award of her reasonable attorney’s fees and costs, and prefiling restrictions on Justice for a period not less than 48 months nor more than 72 months pursuant to Tenn. Code Ann. § 29-41-106 (b)(3). On…”

Timothy Wilson v. Tawana Wilson (2022). · cites it 2× “We conclude that the trial court properly dismissed the lawsuit as an abusive civil action pursuant to Tenn. Code Ann. § 29-41-101 (1)(C) and properly awarded Ms.”

In Re Jordan A. (Tenn. Crim. App. 2026). · cites it 2× “Attorney’s Fees Having determined that the trial court correctly denied Appellant’s claim for abusive civil action, he is not entitled to attorney’s fees pursuant to Tennessee Code Annotated section 29-41-106(b) (mandating the award of “attorney fees and all reasonable costs of…”

Buchanan v. Parks (Bankr. N.D. Ga. 2020). “” Tenn. Code Ann. §§ 29-41-106 (a), (b). An “abusive civil action” is defined as “a civil action filed by a plaintiff against a defendant with whom the plaintiff shares a civil action party relationship3 primarily to harass or maliciously injure the defendant” if at least one of…”

Robert E. Lee Flade v. City of Shelbyville, Tennessee (2024). “Tenn. Code Ann. § 29-41-106 (a), -106(b)(2)–(3).”

Vanessa Colley v. John S. Colley. III (2025). “See Tenn. Code Ann. § 29-41-106 (d)(2). As relevant to this appeal, the trial court granted Wife’s motion for attorney fees.”

— Tenn. Code Ann. § 29-41-106(b) — 1 case

In Re Jordan A. (Tenn. Crim. App. 2026). “Attorney’s Fees Having determined that the trial court correctly denied Appellant’s claim for abusive civil action, he is not entitled to attorney’s fees pursuant to Tennessee Code Annotated section 29-41-106(b) (mandating the award of “attorney fees and all reasonable costs of…”

— Tenn. Code Ann. § 29-41-106(d) — 1 case

Vanessa Colley v. John S. Colley, III (2022). “, the abusive lawsuit statute, Tenn. Code Ann. § 29-41-106 ; the parties’ MDA; and Tennessee Code Annotated section 36-5- 103(c).”

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