Tennessee Code Annotated
Tenn. Code Ann. § 40-33-205 (2026)
Security interests
✓ current as of May 2026
- (a) If a secured party with a duly perfected security interest receives notification pursuant to § 40-33-204(g) that a forfeiture warrant has been issued with regard to the secured property, the secured party must submit proof of the security interest to the applicable agency within thirty (30) days of receipt of the notification in order for this subsection (a) to apply. A secured party with a duly perfected interest or any successor in interest to the secured party who does not receive notice of intent to forfeit the interest pursuant to § 40-33-204(b)(1)(C), need not file a claim to preserve any right the party may have to the property. Upon receiving proof of a security interest, no cost bond or other pleadings need be filed by the secured party or successor in interest in order to protect its interest in the seized property or to assert a claim to the property as provided in § 40-33-206. If the applicable agency notifies a secured party that it intends to seek forfeiture of the secured party's interest, it shall seek a forfeiture warrant against the secured party as provided in § 40-33-204(b). Upon receiving notice that a forfeiture warrant has been issued, the secured party is required to file a claim for the property as provided in this part.
- (b) Any secured party, other than one described in subsection (a), or any successor in interest to the secured party may file a claim for seized property by complying with § 40-33-206, within thirty (30) days of the date the forfeiture warrant is issued.
Acts 1994, ch. 925, § 1.
Notes of Decisions
Cited in 4
cases, 2012–2018 · leading case: Ally Fin. v. Tennessee Dep't of Saf. & Homeland Sec., 530 S.W.3d 659 (Tenn. Ct. App. 2017).
Ally Fin. v. Tennessee Dep't of Saf. & Homeland Sec., 530 S.W.3d 659 (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 40-33-205 (a) (emphasis added).”
Troy Nicholas v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2018). “We stated, in pertinent part, as follows: As previously noted, the time for a secured party to file a claim under Tennessee Code Annotated section 40-33-205(a) does not begin to run until “receipt of the notice.”
Ally Fin. v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 40-33-205 (a) (emphasis added).”
Cynthia Farrar v. State of Tennessee (Tenn. Ct. App. 2012). “Tenn. Code Ann. § 40-33-205 (a). Admittedly, Citizens did not receive notice of the forfeiture proceedings.”
— Tenn. Code Ann. § 40-33-205(a) — 4 cases
Ally Fin. v. Tennessee Dep't of Saf. & Homeland Sec., 530 S.W.3d 659 (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 40-33-205 (a) (emphasis added).”
Troy Nicholas v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2018). “We stated, in pertinent part, as follows: As previously noted, the time for a secured party to file a claim under Tennessee Code Annotated section 40-33-205(a) does not begin to run until “receipt of the notice.”
Ally Fin. v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 40-33-205 (a) (emphasis added).”
Cynthia Farrar v. State of Tennessee (Tenn. Ct. App. 2012). “Tenn. Code Ann. § 40-33-205 (a). Admittedly, Citizens did not receive notice of the forfeiture proceedings.”
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