§ 20-12-144. Collection of Fines or Costs in Default
If any portion of the court costs or litigation taxes, or both, have not been paid within six (6) months after the adjudication of a civil case, the clerk of the court may retain an agent to collect or institute proceedings to collect the costs or taxes, or both. If an agent is used, the […]
§ 20-12-137. Recovery From Successful Party
All costs in civil actions accrued at the instance of the successful party that cannot be collected out of the other party may be recovered, on motion, by the person entitled to them, against the successful party and the surety on the successful party’s cost bond. Code 1858, § 3204 (deriv. Acts 1847-1848, ch. 62, […]
§ 20-12-138. Notice of Motion Against Successful Party
In all civil cases, when motions are made against the successful party for costs accrued at the successful party’s instance, and that cannot be collected from the other party, five (5) days’ written notice of the time and place, and the court before which the motion is to be made, shall be given to the […]
§ 20-12-139. Bill of Costs on Appeal
In case of appeals from the circuit or chancery court, the clerk shall make out a complete bill of costs, which shall accompany the record, and a copy of the bill of costs shall be placed upon the execution docket of the court below. Code 1858, § 3216; Shan., § 4958; Code 1932, § 9111; […]
§ 20-12-140. Payments From Appellate to Trial Court
When the costs accrued in the appellate court, and in the court below, are paid to the clerk of the appellate court, the clerk of the appellate court shall pay so much of them as accrued in the court below to the clerk of the court and take a receipt for the payment. Code 1858, […]
§ 20-12-141. Payments by Clerk of Trial Court
On receiving the costs as described in § 20-12-140, the clerk of the court below shall charge the clerk’s office with the money, upon the clerk’s execution docket, and pay it to the persons entitled to it. Code 1858, § 3218; Shan., § 4960; Code 1932, § 9113; T.C.A. (orig. ed.), § 20-1643.
§ 20-12-142. Construction as Remedial
The law of costs shall be construed remedially and not as the penal law. Code 1858, § 3219 (deriv. Acts 1801, ch. 6, § 65); Shan., § 4961; Code 1932, § 9114; T.C.A. (orig. ed.), § 20-1644.
§ 20-12-143. General Sessions Courts — Collection of Costs
It is the duty of the clerk of the court of general sessions, not less than thirty (30) days after the judgments of the court of general sessions have become final, to issue an execution against the party against whom the costs have been adjudged. Likewise, in case of inability to collect the costs from […]
§ 20-12-134. Payment by State
In all cases where any civil action is brought on behalf of the state, in law or equity, and the state is adjudged to pay all costs, the costs shall be paid out of the treasury, upon the costs being properly certified.
§ 20-12-135. Judgment Against Surety
When security is given, judgment may, on motion, be rendered against the surety for costs, as well as against the principal. Judgment against an attorney as surety, for security taken or recorded after July 1, 1999, shall extend only to amounts required by law or included in the clerk’s bill of costs, and shall not […]