(a) The petition shall be signed by the commissioner, or by the attorney for the department for the commissioner; and upon the filing of the petition accompanied by payment, the suit shall be dismissed as to the commissioner as a matter of right, the sum paid into court as to the plaintiff or claimant standing in lieu and as a satisfaction of the contractor’s bond and a fulfillment of the duties of the department to the claimant or plaintiff.

Terms Used In Tennessee Code 54-5-125

  • Commissioner: means the commissioner of transportation. See Tennessee Code 54-5-103
  • Department: means the department of transportation. See Tennessee Code 54-5-103
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
(b) No claimant shall file a claim with the department without verifying the claim by oath.
(c) Where more than one (1) claimant files suit in the same court, the commissioner may embrace in one (1) petition the names of the claimants, the aggregate amounts of their claims, etc., accompanying the petition with photostats, and making payment by one (1) voucher to cover the whole.
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