Tennessee Code Annotated

Tenn. Code Ann. § 29-6-116 (2026)

Amount of bond

✓ current as of May 2026

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The bond to be required before issuance of the writ shall be in penalty as follows:

(1) When the amount of the claim is less than the value of the property sought to be attached, a bond in a penalty equal to the asserted amount of the plaintiff's or complainant's debt or lien plus an additional sum which in the opinion of the issuing officer will be sufficient to cover the probable cost of litigation and all damages that may be sustained by reason of the wrongful suing out of the writ;

(2) When the amount of such debt, or lien of the plaintiff or complainant shall be greater than the value of the property sought to be attached, the penalty shall be equal to the estimated value of such property plus an additional sum which in the opinion of the issuing officer will be sufficient to cover such costs and damages;

(3) When the claim is for unliquidated damages, the penalty shall be equal to the value of the personal property to be attached plus such sum as will be sufficient to cover such costs and damages; or

(4) When the property to be attached is real estate, the issuing officer shall only require a bond in penalty sufficient to cover all such costs and damages as same may be estimated by the issuing officer.

Acts 1927, ch. 78, §§ 1-4; mod. Code 1932, § 9419; T.C.A. (orig. ed.), § 23-616.

Notes of Decisions

Cited in 3 cases, 1983–2004 · leading case: Durkan Patterned Carpet, Inc. v. Premier Hotel Dev. Grp. (In Re Premier Hotel Dev. Grp.), 270 B.R. 234 (Bankr. E.D. Tenn. 2001).

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Durkan Patterned Carpet, Inc. v. Premier Hotel Dev. Grp. (In Re Premier Hotel Dev. Grp.), 270 B.R. 234 (Bankr. E.D. Tenn. 2001). · cites it 2× “Instead, Durkan asserts that when the property to be attached is real property, Tenn. Code Ann. § 29-6-116 (4) only requires “a bond in penalty sufficient to cover all costs and damages as same may be estimated by the issuing officer.”

Theresa Caldwell v. Canada Trace, Inc. (Tenn. Ct. App. 2004). · cites it 2× “Because it is undisputed that the mobile home was worth more than the debt owed by the Pocrasses, Tenn. Code Ann. § 29-6-116 (1) (1997) applies stating the appropriate amount of the bond: When the amount of the claim is less than the value of the property sought to be attached,…”

A.G. Campbell & Co. v. Chem. Separations Corp. (In re Chem. Separations Corp.), 29 B.R. 240 (Bankr. E.D. Tenn. 1983). · cites it 2× “Tenn.Code Ann. § 29-6-115 (1980). The amount of the bond required is prescribed by Tenn.”

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