Tennessee Code 26-2-209 – Failure to appear or answer
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Terms Used In Tennessee Code 26-2-209
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Clerk: means a clerk of a court of general sessions, the courts of record or any other courts duly established under the laws of Tennessee. See Tennessee Code 26-2-201
- Court: means the court of general sessions, the courts of record or any other courts duly established under the law of Tennessee. See Tennessee Code 26-2-201
- Docket: A log containing brief entries of court proceedings.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes both personal and real property. See Tennessee Code 1-3-105
The date garnishee’s answer is received by the court clerk shall be noted on the docket book in the proper manner, whether or not the answer discloses any property subject to garnishment. If the garnishee fails to appear or answer, a conditional judgment may be entered against the garnishee for the plaintiff‘s debt, upon which a notice shall issue to the garnishee returnable at such time as the court may require, to show cause why judgment final should not be rendered against the garnishee. On failure of the garnishee to appear and show cause, the conditional judgment shall be made final, and execution awarded for the plaintiff’s entire debt and costs.