Tennessee Code Annotated

Tenn. Code Ann. § 40-33-217 (2026)

Attorney's fees

✓ current as of May 2026

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(a) Upon entering an order that includes a return of property, in whole or in part, the administrative law judge or the court shall also include an award of reasonable attorney's fees against the seizing agency subject to the limits in subsection (c).

(b) No award of attorney's fees against a seizing agency shall be entered when the initial order is the result of a settlement between the parties.

(c) An award of reasonable attorney's fees under this section shall not exceed ten thousand dollars ($10,000). Failure to submit documentation of an attorney's time and expenses must result in no attorney's fee being awarded.

(d) The award of attorney's fees shall be appealable in the same manner as an initial order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(e) Compensation shall not be awarded to an attorney whose fees are paid under any federally funded legal services program, or any such program funded by the state. However, compensation shall be determined and allowed in accordance with subsection (f) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if neither the attorney, the law firm, nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule other than this section.

(f) Notwithstanding § 4-5-325 or any other law to the contrary, this section shall be the exclusive means for seeking attorney's fees for proceedings conducted under this part. This section does not prohibit a person who files an action pursuant to § 40-33-215 from seeking attorney's fees for that specific action.

(g) For the purposes of this section, "seizing agency" means the agency that issued the Notice of Seizure pursuant to § 40-33-203.

(h) Notwithstanding § 40-33-211, § 53-11-201, or any other law, funds forfeited to a seizing agency under this part may be used to pay attorney's fees ordered under this section.

Amended by 2021 Tenn. Acts, ch. 423, s 2, eff. 7/1/2021.

Amended by 2021 Tenn. Acts, ch. 423, s 1, eff. 7/1/2021.

Added by 2018 Tenn. Acts, ch. 772, s 10, eff. 10/1/2018.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2019–2022 · leading case: Abraham Asley Augustin v. Bradley Cnty. Sheriff's Off. (Tenn. Ct. App. 2019).

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Abraham Asley Augustin v. Bradley Cnty. Sheriff's Off. (Tenn. Ct. App. 2019). · cites it 2× “” According to the statute, a seizing officer acts in bad faith “when the officer acts intentionally, dishonestly, or willfully or the officer’s actions have no reasonable basis in law or fact in regards to the seizure or failure to return the property seized.”

Tennessee Dep't of Saf. & Homeland Sec. v. David Shell (Tenn. Ct. App. 2022). · cites it 2× “” Tenn. Code Ann. § 40-33-217 (f). As the seizure in this case occurred well before 2018, the Department does not argue that this statute is applicable to Mr.”

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