Tennessee § 25-3-101 - Motion by plaintiff against executive officer.
Full text of Tennessee Tennessee Code Annotated § 25-3-101 — Motion by plaintiff against executive officer., with citation guidance and answers to common questions.
§ 25-3-101. Motion by plaintiff against executive officer.
Judgment by motion may be had against any sheriff, coroner, or constable, or other executive officer, to whom an execution is directed and received by such officer for the amount due upon such execution, and twelve and one-half percent (12½%) damages, in cases when such officer: fails to make due and proper return of such execution; makes a false or insufficient return; or fails to pay over money collected on such execution. Code 1858, § 3594 (deriv. Acts 1803, ch. 18, §§ 1, 2; 1835-1836, ch. 17, § 4; 1835-1836, ch. 19, § 6); Shan., § 5359; Code 1932, § 9518; T.C.A. (orig. ed.), § 25-301. Cross-References. Clerk or judge failing to pay over revenue, §§ 9-2-115 , 9-2-117 . Failure to pay over redemption money, § 66-8-113 . Motion against collector of revenue, §§ 67-1-1602(b) — 67-1-1611 . Motion against county trustee, §§ 8-11-106 — 8-11-109 . Motion against sheriff, § 8-8-204 . Motion against tax collector on failure to settle, § 67-1-1602 . Motions cognizable before general sessions judge, § 16-15-733 . Summary judgment, Tenn. R. Civ. P. 56. Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 8, 560. Tennessee Jurisprudence, 12 Tenn. Juris., Executions, § 30; 17 Tenn. Juris., Justices of the Peace and General Sessions Court, § 17; 19 Tenn. Juris., Motions and Summary Proceedings, §§ 4, 6; 22 Tenn. Juris., Sheriffs, §§ 15, 18, 23, 26. Law Reviews. Summary Judgment Procedure for Tennessee (Chas. S. Coffey), 16 Tenn. L. Rev. 393. Trick or Treat? Summary Judgment in Tennessee after Hannan V. Alltel Publishing Co. (Judy M. Cornett), 77 Tenn. L. Rev. 305 (2010). Attorney General Opinions. Enforcement of statutory requirements for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 25-3-101
What does Tennessee Code Annotated § 25-3-101 cover?
Section 25-3-101 ("Motion by plaintiff against executive officer.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 25-3-101?
A common citation format is "Tennessee Code Annotated § 25-3-101" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 25-3-101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.