Tennessee Code Annotated
Tenn. Code Ann. § 29-6-124 (2026)
Correction of defects
✓ current as of May 2026
The attachment law shall be liberally construed, and the plaintiff, before or during trial, shall be permitted to amend any defect of form in the affidavit, bond, attachment, or other proceedings; and no attachment shall be dismissed for any defect in, or want of, bond, if the plaintiff, plaintiff's agent, or attorney will substitute a sufficient bond.
Code 1858, § 3477; Shan., § 5237; Code 1932, § 9427; T.C.A. (orig. ed.), § 23-624.
Notes of Decisions
Cited in 3
cases, 1982–2001 · 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).
Durkan Patterned Carpet, Inc. v. Premier Hotel Dev. Grp. (In Re Premier Hotel Dev. Grp.), 270 B.R. 234 (Bankr. E.D. Tenn. 2001). “Furthermore, pursuant to Tenn. Code Ann § 29-6-124, "attachment law shall be liberally construed, and the plaintiff, before or during trial, shall be permitted to amend any defect of form in the affidavit, bond, attachment, or other proceedings; and no attachment shall be…”
A.G. Campbell & Co. v. Chem. Separations Corp. (In re Chem. Separations Corp.), 29 B.R. 240 (Bankr. E.D. Tenn. 1983). “Furthermore, citing Tenn.Code Ann. § 29-6-124 (1980), plaintiff contends any deficiency in its affidavit is a matter of form, not substance, which may be corrected by amendment.”
First Nat. Bank of Oneida, Tenn. v. Prairie Corp., 547 F. Supp. 14 (E.D. Tenn. 1982). “T.C.A. § 29-6-124. “Where the levy of an attachment has been actually made, its efficacy cannot be impaired by the Sheriff’s failure to make re *16 turn of it.”
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