Tennessee Code Annotated
Tenn. Code Ann. § 41-21-807 (2026)
Accounting of inmate funds required as part of civil action - Payment of fees - Frivolous or malicious claims
✓ current as of May 2026
- (a) An inmate seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security for the fees, in addition to filing the affidavit required by § 41-21-805, shall submit a certified copy of the trust fund account statement, or the institutional equivalent, for the inmate for the six-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each facility at which the inmate is or was confined.
- (b)
- (1) If an inmate brings a civil action or files an appeal in forma pauperis, the inmate shall be required to pay the full amount of the filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of twenty percent (20%) of the greater of the average monthly:
- (A) Deposits to the inmate's account; or
- (B) Balance in the inmate's account for the six-month period immediately preceding the filing of the complaint or notice of appeal.
- (2) After payment of the initial partial filing fee, the inmate shall be required to make monthly payments of twenty percent (20%) of the preceding month's income credited to the inmate's account. The agency having custody of the inmate shall forward payments from the inmate's account to the clerk of the court each time the amount in the account exceeds ten dollars ($10.00) until the filing fees are paid.
- (3) In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment.
- (4) In no event shall an inmate be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the inmate has no assets and no means by which to pay the initial partial filing fee.
- (1) If an inmate brings a civil action or files an appeal in forma pauperis, the inmate shall be required to pay the full amount of the filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of twenty percent (20%) of the greater of the average monthly:
- (c) In no event shall an inmate bring a civil action or appeal a judgment in a civil action or proceeding under this section if the inmate has, on three (3) or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of this state or the United States that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted, unless the inmate is under imminent danger of serious physical injury.
Acts 1996, ch. 913, § 1; 2001, ch. 76, § 2.
Notes of Decisions
Cited in 70
cases (6 in the last 5 years), 1997–2025 · leading case: Sweatt v. Tennessee Dep't of Corr., 99 S.W.3d 112 (Tenn. Ct. App. 2002).
Sweatt v. Tennessee Dep't of Corr., 99 S.W.3d 112 (Tenn. Ct. App. 2002). “" Tenn.Code Ann. § 41-21-802. [1996 Pub. Acts, chapter 913, § 1, eff.”
Sweatt v. Tennessee Dep't of Corr., 88 S.W.3d 567 (Tenn. Ct. App. 2002). “Tenn.Code Ann. § 41-21-807. The filing of subsequent lawsuits is not permitted until all such expenses are paid.”
Sandy Eugene Womack v. Corr. Corp. Of Am. D/B/A Whiteville Corr. Facility, 448 S.W.3d 362 (Tenn. 2014). “” Tenn. Code Ann. § 41-21-807 (a) (Supp.1996).”
Tyrone Spates v. Tracy Howell & Robert Preston, 420 S.W.3d 776 (Tenn. Ct. App. 2013). “Spates filed a Tennessee Supreme Court Rule 29 uniform affidavit of indigency, an “Inmate Affidavit,” pursuant to Tennessee Code Annotated Section 41-21-805, and an “Inmate Trust Fund Certification Balance” form pursuant to Tennessee Code Annotated Section 41-21-807. On…”
Pendleton v. Mills, 73 S.W.3d 115 (Tenn. Ct. App. 2001). “Tenn.Code Ann. § 41-21-807(c) (Supp.2001.”
Hessmer v. Hessmer, 138 S.W.3d 901 (Tenn. Ct. App. 2003). “§ 41-21-807(c) (Supp.2001) and Tenn.Code Ann.”
Hessmer v. Miranda, 138 S.W.3d 241 (Tenn. Ct. App. 2003). “We also have determined that this appeal is frivolous in accordance with Tenn.Code Ann. § 41-21-807(c) (Supp. 2001) and Tenn.”
Mitchell v. Campbell, 88 S.W.3d 561 (Tenn. Ct. App. 2002). “*567 § 41-21-807(c) (Supp.2001) and Tenn.Code Ann.”
Hickman v. Tennessee Bd. of Paroles, 78 S.W.3d 285 (Tenn. Ct. App. 2001). “§ 41-21-807 (1997), as amended by Act of Apr.”
Davis v. Holland, 31 S.W.3d 574 (Tenn. Ct. App. 2000). “§ 41-21-807, which directs the court to order any inmate who had filed a claim that was found to be frivolous or malicious to pay the filing fees and court costs for that claim.”
State of Tennessee v. Timothy L. Jefferson (Tenn. Crim. App. 2016). “Tenn. Code Ann. § 41-21-807 (2014). In this case, the Petitioner submitted a Uniform Civil Affidavit of Indigency, which included the pauper‟s oath; an Inmate Affidavit Pursuant to Tennessee Code Annotated section 41-21-805 et seq.”
Anthony Washington v. Tony Parker as Comm'r of the Tennessee Dep't of Corr. (2022). “The trial court found that venue in Wayne County Chancery Court was not proper and that it was not in the interest of justice to transfer venue to Davidson County because Defendant neither had paid any portion of the filing fee, pursuant to Tenn. Code Ann. § 41-21-807 , nor had…”
— Tenn. Code Ann. § 41-21-807(a) — 8 cases
Sweatt v. Tennessee Dep't of Corr., 99 S.W.3d 112 (Tenn. Ct. App. 2002). “" Tenn.Code Ann. § 41-21-802. [1996 Pub. Acts, chapter 913, § 1, eff.”
Tyrone Spates v. Tracy Howell & Robert Preston, 420 S.W.3d 776 (Tenn. Ct. App. 2013). “Spates filed a Tennessee Supreme Court Rule 29 uniform affidavit of indigency, an “Inmate Affidavit,” pursuant to Tennessee Code Annotated Section 41-21-805, and an “Inmate Trust Fund Certification Balance” form pursuant to Tennessee Code Annotated Section 41-21-807. On…”
State of Tennessee v. Timothy L. Jefferson (Tenn. Crim. App. 2016). “Tenn. Code Ann. § 41-21-807 (2014). In this case, the Petitioner submitted a Uniform Civil Affidavit of Indigency, which included the pauper‟s oath; an Inmate Affidavit Pursuant to Tennessee Code Annotated section 41-21-805 et seq.”
Walter E. Preston v. W.G. Lutche (Tenn. Ct. App. 2001).
Misty Ellis v. State of Tennessee (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 41-21-807(b) — 2 cases
Sandy Eugene Womack v. Corr. Corp. Of Am. D/B/A Whiteville Corr. Facility, 448 S.W.3d 362 (Tenn. 2014). “” Tenn. Code Ann. § 41-21-807 (a) (Supp.1996).”
Michael Settle v. State of Tennessee (Tenn. Crim. App. 2005).
— Tenn. Code Ann. § 41-21-807(b)(1) — 3 cases
Tyrone Spates v. Tracy Howell & Robert Preston, 420 S.W.3d 776 (Tenn. Ct. App. 2013). “Spates filed a Tennessee Supreme Court Rule 29 uniform affidavit of indigency, an “Inmate Affidavit,” pursuant to Tennessee Code Annotated Section 41-21-805, and an “Inmate Trust Fund Certification Balance” form pursuant to Tennessee Code Annotated Section 41-21-807. On…”
State of Tennessee v. Timothy L. Jefferson (Tenn. Crim. App. 2016). “Tenn. Code Ann. § 41-21-807 (2014). In this case, the Petitioner submitted a Uniform Civil Affidavit of Indigency, which included the pauper‟s oath; an Inmate Affidavit Pursuant to Tennessee Code Annotated section 41-21-805 et seq.”
James R. Oliphant v. The State of Tennessee (Tenn. Ct. App. 2012).
— Tenn. Code Ann. § 41-21-807(b)(4) — 2 cases
Misty Ellis v. State of Tennessee (Tenn. Crim. App. 2016).
Michael Settle v. State of Tennessee (Tenn. Crim. App. 2005).
— Tenn. Code Ann. § 41-21-807(b)(l) — 1 case
Tyrone Spates v. Tracy Howell & Robert Preston, 420 S.W.3d 776 (Tenn. Ct. App. 2013). “Spates filed a Tennessee Supreme Court Rule 29 uniform affidavit of indigency, an “Inmate Affidavit,” pursuant to Tennessee Code Annotated Section 41-21-805, and an “Inmate Trust Fund Certification Balance” form pursuant to Tennessee Code Annotated Section 41-21-807. On…”
— Tenn. Code Ann. § 41-21-807(c) — 8 cases
Pendleton v. Mills, 73 S.W.3d 115 (Tenn. Ct. App. 2001). “Tenn.Code Ann. § 41-21-807(c) (Supp.2001.”
Hessmer v. Hessmer, 138 S.W.3d 901 (Tenn. Ct. App. 2003). “§ 41-21-807(c) (Supp.2001) and Tenn.Code Ann.”
Sandy Eugene Womack v. Corr. Corp. Of Am. D/B/A Whiteville Corr. Facility, 448 S.W.3d 362 (Tenn. 2014). “” Tenn. Code Ann. § 41-21-807 (a) (Supp.1996).”
Hessmer v. Miranda, 138 S.W.3d 241 (Tenn. Ct. App. 2003). “We also have determined that this appeal is frivolous in accordance with Tenn.Code Ann. § 41-21-807(c) (Supp. 2001) and Tenn.”
Mitchell v. Campbell, 88 S.W.3d 561 (Tenn. Ct. App. 2002). “*567 § 41-21-807(c) (Supp.2001) and Tenn.Code Ann.”
— Tenn. Code Ann. § 41-21-807(h) — 1 case
Davis v. Holland, 31 S.W.3d 574 (Tenn. Ct. App. 2000). “§ 41-21-807, which directs the court to order any inmate who had filed a claim that was found to be frivolous or malicious to pay the filing fees and court costs for that claim.”
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