Tennessee Code Annotated
Tenn. Code Ann. § 8-20-107 (2026)
Costs and attorney's fees
✓ current as of May 2026
- (a) The cost of all cases must be paid out of the fees of the office collected by such officers, and they and each of them must be allowed a credit for the same in settlement with the county trustee.
- (b) An award of attorney's fees must be consistent with and awarded pursuant to Rule 8 of the Rules of the Supreme Court of the State of Tennessee, Rules of Professional Conduct 1.5, or the corresponding subsequent rule of the Tennessee supreme court. The court shall determine the reasonableness of attorney's fees for all parties, and in making that determination, the court shall consider the factors in Rule 8 of the Rules of the Supreme Court of the State of Tennessee, Rules of Professional Conduct 1.5.
Amended by 2022 Tenn. Acts, ch. 1079, s 3, eff. 7/1/2022.
Acts 1921, ch. 101, § 7; Shan. Supp., § 6428a44; Code 1932, §10733; T.C.A. (orig. ed.), § 8-2007.
Notes of Decisions
Cited in 10
cases, 1982–2019 · leading case: Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303 (Tenn. 2009).
Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303 (Tenn. 2009). “, § 8-20-107] fall within the well recognized exception to the rule that attorney’s fees are not taxable as costs except where the attorney’s fees are incurred to preserve or administer a fund which is brought before the court. Under T.C.”
Marshall v. Sevier Cnty., 639 S.W.2d 440 (Tenn. Ct. App. 1982). “, § 8-20-107 4 affords a basis for awarding attorney’s fees; however, the chapter containing this section is inapposite to the issue before us and constitutes no authority for the allowance of plaintiff’s fees.”
Dulaney v. McKamey, 856 S.W.2d 144 (Tenn. Ct. App. 1992). “Costs will be paid pursuant to the provisions of T.C.A. § 8-20-107. The case is remanded to the trial court.”
Moore v. Cates, 832 S.W.2d 570 (Tenn. Ct. App. 1992). “T.C.A. § 8-20-107 provides that “the cost of all cases shall be paid out of the fees of the office collected by such officers, and that they and each of them shall be allowed a credit for the same in settlement with the county trustee.”
Kay Armstrong v. Kevin C. Morrison (2019). “Pursuant to Tenn. Code Ann. § 8-20-107 , the Trial Court found that Petitioner was entitled to attorney’s fees.”
Bob Patterson, Tr. of Shelby Cnty., Tennessee v. A.C. Wharton, Jr., Mayor of Shelby Cnty., Tennessee (Tenn. Ct. App. 2006). “The trial court entered an order awarding the trustee his attorney’s fees at a rate of $250 per hour pursuant to section 8-20-107 of the Tennessee Code. The county appealed arguing that the trial court did not have the discretion to award attorney’s fees in excess of the $100…”
Smith v. Duncan (Tenn. Ct. App. 1997). “Therefore, we must presume that sufficient, competent proof was presented to the trial court to support the factual findings in the October 12, 1995 order.”
David Ramey v. John Carroll, Cnty. Mayor of Perry Cnty., Tennessee (Tenn. Ct. App. 2011). “2 “Tenn. Code Ann. § 8-20-107 provides: ‘The cost of all cases shall be paid out of the fees of the office collected by such officers, and they and each of them shall be allowed a credit for the same in settlement with the county trustee.”
David Ramey, Former Perry Cnty. Sheriff v. Perry Cnty., Tennessee (Tenn. Ct. App. 2009). “Tenn. Code Ann. § 8-20-107 provides: “The cost of all cases shall be paid out of the fees of the office collected by such officers, and they and each of them shall be allowed a credit for the same in settlement with the county trustee.”
George v. Harlan (Tenn. Ct. App. 1998). “Fee for Sheriff’s attorney pursuant to T.C.A. § 8-20-107. -2- The answer specifically admitted that the Sheriff works full time and cannot personally discharge all of the duties of his office.”
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