Tennessee Code Annotated
Tenn. Code Ann. § 29-6-101 (2026)
Grounds for attachment
✓ current as of May 2026
Any person having a debt or demand due at the commencement of an action, or a plaintiff after action for any cause has been brought, and either before or after judgment, may sue out an attachment at law or in equity, against the property of a debtor or defendant, in the following cases:
- (1) Where the debtor or defendant resides out of the state;
- (2) Where the debtor or defendant is about to remove, or has removed, the debtor's or defendant's person or property from the state;
- (3) Where the debtor or defendant has removed, or is removing, the debtor's or defendant's person out of the county privately;
- (4) Where the debtors or defendants concealed is so that the ordinary process of law cannot be served upon the debtor or defendant;
- (5) Where the debtor or defendant absconds, or absconded concealing the debtor's or defendant's person or property;
- (6) Where the debtor or defendant has fraudulently disposed of, or is about fraudulently to dispose of, the property;
- (7) Where any person liable for any debt or demand, residing out of the state, dies, leaving property in the state; or
- (8) Where the debtor or defendant is a foreign corporation which has no agent in this state upon whom process may be served by any person bringing suit against such corporation; provided, that the plaintiff or complainant need only make oath of the justness of the claim, that the debtor or defendant is a foreign corporation and that it has no agent in the county where the property sought to be attached is situated upon whom process can be served.
Code 1858, § 3455 (deriv. Acts 1794, ch. 1, § 19, 21; 1835-1836, ch. 43, § 1; 1837-1838, ch. 166, § 1; 1843-1844, ch. 29, §1; 1851-1852, ch. 365, § 10); Shan., § 5211; Code 1932, §9396; Acts 1968, ch. 523, § 1 (17.05); T.C.A. (orig. ed.), § 23-601.
Notes of Decisions
Cited in 18
cases (7 in the last 5 years), 1983–2026 · leading case: Orlowski v. Bates, 146 F. Supp. 3d 908 (W.D. Tenn. 2015).
Orlowski v. Bates, 146 F. Supp. 3d 908 (W.D. Tenn. 2015). “See Tenn. Code Ann. § 29-6-101 . After multiple hearings, the Court found that the criteria for prejudgment attachment had been met in the instant matter.”
Kimberly G. McLaughlin v. Charles H. Weathers, John K. Walkup, & Suzette Peyton, 170 F.3d 577 (6th Cir. 1999). “As counsel for Weathers, Peyton filed her own and Weathers’ affidavits claiming exigent circumstances for the action under Tenn. Code Ann. § 29-6-101 . 1 This application for relief by judicial attachment was presented by said counsel, ex parte, to state Judge Walter C.”
Union Exp. Co. v. N.I.B. Intermarket, A.B., 786 S.W.2d 628 (Tenn. 1990). “as an out-of-state defendant pursuant to Tenn.Code Ann. § 29-6-101(1). For the same reasons we above vacated the injunction against payment of the draft drawn under the letter of credit, we now hold that Union is not entitled to an attachment of the letter of credit’s proceeds.”
W. & O. Constr. Co. v. Ivs Corp., 688 S.W.2d 67 (Tenn. Ct. App. 1984). “T.C.A. § 29-6-101 (formerly 1858 Code § 3455) provides for attachment of property of foreign corporations.”
KM Organic Fund, Inc. v. Smithson (M.D. Tenn. 2020). “Plaintiffs assert that the Court has personal jurisdiction over Defendant, who resides in this district, and subject-matter jurisdiction based upon diversity of citizenship of the parties and an amount in controversy exceeding $75,000.”
Ringenberg v. United States (E.D. Tenn. 2025). “To attach property under Tennessee law, a plaintiff must state under oath “the nature and amount of the debt or demand, and that it is a just claim,” and show that one or more of the grounds enumerated in Tenn. Code Ann. § 29-6-101 exists. Tenn. Code Ann.”
A.G. Campbell & Co. v. Chem. Separations Corp. (In re Chem. Separations Corp.), 29 B.R. 240 (Bankr. E.D. Tenn. 1983). “Tenn.Code Ann. § 29-6-101 (1980) (Grounds for attachment) provides in relevant part: Any person having a debt or demand due at the commencement of an action, or a plaintiff after action for any cause has been brought, and either before or after judgment, may sue out an…”
Est. of Joyce Elaine Myers v. Michael Questell (Tenn. Ct. App. 2018). “The trial court found: (1) the case was time barred by the statute of limitations codified at Tennessee Code Annotated section 29-6-101, et seq.; (2) there was no agreement or contract between Decedent and Dr.”
Chorazghiazad v. Gatlin (M.D. Tenn. 2025). “It appears to the Court, and the Court finds, that [Chorazghiazad] has concealed himself so that [Chorazghiazad] cannot be served with process as set forth in the provisions of T.C.A. § 29-6-101(4).2 Therefore, the Court finds grounds for an attachment exist.”
Ben C. Adams v. Buchanan D. Dunavant (Tenn. Ct. App. 2026). “” They quote Tennessee Code Annotated section 29-6-101, which provides eight circumstances in which “[a]ny person having a debt or demand due at the commencement of an action, or a plaintiff after action for any cause has been brought, and either before or after judgment, may…”
Theresa Caldwell v. Canada Trace, Inc. (Tenn. Ct. App. 2004). “One ground for -6- attachment, as enumerated in Tenn. Code Ann. § 29-6-101 (4) (1997), is “[w]here [the debtor] conceals himself, so that the ordinary process of law cannot be served upon him.”
Judy K. Flake v. Samuel Guy Flake (Tenn. Ct. App. 2010). “Flake raises the following issue for our review: Whether the Chancery Court properly decided the Order on Petition for the Release of Funds pursuant to T.C.A. §29-6-101 and relevant Tennessee Case law.”
— Tenn. Code Ann. § 29-6-101(1) — 1 case
Union Exp. Co. v. N.I.B. Intermarket, A.B., 786 S.W.2d 628 (Tenn. 1990). “as an out-of-state defendant pursuant to Tenn.Code Ann. § 29-6-101(1). For the same reasons we above vacated the injunction against payment of the draft drawn under the letter of credit, we now hold that Union is not entitled to an attachment of the letter of credit’s proceeds.”
— Tenn. Code Ann. § 29-6-101(2) — 1 case
A.G. Campbell & Co. v. Chem. Separations Corp. (In re Chem. Separations Corp.), 29 B.R. 240 (Bankr. E.D. Tenn. 1983). “Tenn.Code Ann. § 29-6-101 (1980) (Grounds for attachment) provides in relevant part: Any person having a debt or demand due at the commencement of an action, or a plaintiff after action for any cause has been brought, and either before or after judgment, may sue out an…”
— Tenn. Code Ann. § 29-6-101(4) — 1 case
Chorazghiazad v. Gatlin (M.D. Tenn. 2025). “It appears to the Court, and the Court finds, that [Chorazghiazad] has concealed himself so that [Chorazghiazad] cannot be served with process as set forth in the provisions of T.C.A. § 29-6-101(4).2 Therefore, the Court finds grounds for an attachment exist.”
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