Tennessee § 26-4-101 - Grounds for complaint on unsatisfied execution — Discovery.

§ 26-4-101. Grounds for complaint on unsatisfied execution — Discovery.

The creditor whose execution has been returned unsatisfied, in whole or in part, may proceed in the court granting the judgment, or may file a complaint in a court of general jurisdiction against the defendant in the execution and any other person, to compel the discovery of any property, including stocks, choses in action or money due such defendant, or the defendant's interest in property held in a trust for the defendant, except when the trust is exempt from the claims of the defendant's creditors under §§ 35-15-501 — 35-15-509 of the Tennessee Uniform Trust Code. Code 1858, § 4283 (deriv. Acts 1832, ch. 11, § 1); Shan., § 6092; Code 1932, § 10353; Acts 1943, ch. 108, § 1; mod. C. Supp. 1950, § 10353; T.C.A. (orig. ed.), § 26-601; Acts 1988, ch. 854, § 2; 1989, ch. 364, § 1; 1992, ch. 951, §§ 2, 3; 1993, ch. 259, §§ 1-3; 2002, ch. 735, § 1; 2004, ch. 537, § 96; 2013, ch. 390, § 25. Compiler's Notes. Acts 2013, ch. 390, § 55 provided that: (b) Except as otherwise provided in the act, on July 1, 2013: The act applies to all trusts created before, on, or after July 1, 2013; The act applies to all judicial proceedings concerning trusts commenced on or after July 1, 2013; The act applies to judicial proceedings concerning trusts commenced before July 1, 2013, unless the court finds that application of a particular provision of the act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of the act does not apply and the superseded law applies; Any rule of construction or presumption provided in the act applies to trust instruments executed before July 1, 2013, unless there is a clear and express indication of a contrary intent in the terms of the trust; and If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before July 1, 2013, that statute continues to apply to the right even if it has been repealed or superseded.