§ 25-3-143. Remedy Cumulative
The remedy by motion is cumulative, and does not deprive the plaintiff of any other action or remedy allowed by law for the plaintiff’s redress. Code 1858, § 3593; Shan., § 5358; Code 1932, § 9517; T.C.A. (orig. ed.), § 25-345.
§ 25-3-144. Return and Reimbursement of Funds Wrongfully Granted Against Individual Protected by Servicemembers Civil Relief Act
If a court wrongly grants a default decision imposing an obligation for child support from or against an eligible individual protected under the federal Servicemembers Civil Relief Act (50 U.S.C. § 501 et seq.), the court shall issue an order to the individual receiving funds that the funds shall be returned and reimbursed.
§ 25-3-137. Times Notice Not Required
No notice of the motion is required, if made at the return term of the process in a court of record, where the cause of motion is official delinquency, or within six (6) months after the right to the motion has accrued in any other case. Code 1858, § 3585; Shan., § 5350; Code 1932, […]
§ 25-3-138. Notice to Constables
Section 25-3-137 does not apply to constables, who shall be entitled to notice in all cases of motion against them for official delinquency. Code 1858, § 3586; Shan., § 5351; Code 1932, § 9510; T.C.A. (orig. ed.), § 25-339.
§ 25-3-139. Security for Costs
The plaintiff in any motion may be required to give security for the cost of suits, as in other cases. Code 1858, § 3588; Shan., § 5353; Code 1932, § 9512; T.C.A. (orig. ed.), § 25-341.
§ 25-3-140. Venue of Motions
The motion shall be made, unless in cases where otherwise provided by this Code, as follows: Where the motion is against an officer for official default, it may be made in the court in which the officer was acting officially at the time, or in the court to which process was returnable, when the default […]
§ 25-3-141. Concurrent Jurisdiction of Circuit Court
The circuit court has concurrent jurisdiction of all motions cognizable before a judge of the court of general sessions. Code 1858, § 3591; Shan., § 5356; Code 1932, § 9515; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-343.
§ 25-3-142. Amount of Recovery
Whenever damages on a motion are given, in the absence of any specific amount mentioned, the plaintiff will be entitled to recover twelve and one-half percent (12½%) on the whole amount, principal and interest, due at the time of the rendition of the judgment. Code 1858, § 3592 (deriv. Acts 1835-1836, ch. 19, § 6); […]
§ 25-3-133. Trial of Fact of Cosuretyship
In all cases of motions by sureties against cosureties, if the fact of the joint suretyship does not appear on the face of the papers or judicial proceedings on which the motion is based, the fact shall be ascertained by a jury to be immediately impaneled, if demanded in a court of record. Code 1858, […]
§ 25-3-134. Amount of Judgment
The recovery under §§ 25-3-122 — 25-3-133 shall include interest and costs of the original judgment, and commissions for collecting the same, if collected, and the costs of the motion, unless otherwise directed. The judgment shall be for the amount of the recovery or payment, as the case may be, with interest and costs. Code […]