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Civil Court

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1. Where is the Civil Division of General Sessions Court Clerk's Office located?

Main Office
General Sessions Court Clerk, Civil Division
140 Adams, Room 106
Memphis, Tennessee 38103-2093
Hours of Operation 8 a.m - 4:30 p.m

East Office
General Sessions Court Clerk, Civil Division
1075 Mullins Station Road
Room W115
Memphis, Tennessee 38134
Hours of Operation 8 a.m - 4:15 p.m

Hickory Hill Office
General Sessions Court Clerk, Civil Division
(Inside the Hickory Ridge Mall)
3768 S. Hickory Ridge Mall, Suite 514
Memphis, Tennessee 38115
Hours of Operation 8 a.m - 4:15 p.m

2. Is the East Office able to assist with any court transactions like the downtown office?

No. The East Office is unable to process or present matters which need the immediate attention of a Judge.

3. When making a judgment payment or garnishment payment to the Civil Division where do I send it?

General Sessions Court Clerk's Office
Civil Division
P.O. Box 3824
Memphis, Tennessee 38173

4. What are the Civil Division office hours?

Office hours - 8:00 a.m. to 4:30 p.m. Monday through Friday

5. What is the Civil Division's phone number and Fax number?

Main Office
140 Adams Ave. Room 106
Ph: 901-222-3400
Fx: 901-222-3413

East Office
1075 Mullins Station Road Room W115
Ph: 901-222-7900
Fx: 901-222-7904

Hickory Hill Office
(Inside the Hickory Ridge Mall)
3768 S. Hickory Ridge Mall, Suite 514
Ph: 901-222-3667
Fx: 901-222-3670

6. What are the court costs associated with the filing of a civil lawsuit?

Please review our current Court Cost Sheet. Filing fees are due upon the filing of a civil lawsuit.

7. If the Sheriff's Department is trying to serve court papers on me, where can I pick them up?

Shelby County Sheriff's Department Civil Division
11670 Memphis Arlington Rd.
Arlington, TN
Ph: 901-867-1480

8. How do I file a civil lawsuit with the General Sessions Court and what is the process?

1. The Clerk's office provides the necessary preprinted forms.
   
2. The form is completed with needed information, such as: the defendant's name and address to obtain personal service on the defendant(s), and state a cause of action.
   
3. The summons must sufficiently state the causes of action so as to give the defendant notice of the charge he is to meet and enable him to prepare a defense.
   
4. The filing fees are paid to the clerk's office.
   
5. The clerk's office forwards the summons to the requested server to allow for the attempt of service to be made on the defendant(s).
   
6. The server will set a court date upon successful attempt of service. The server shall return the process back to the clerk's office.
   
7. A hearing will be held before a General Sessions Court Judge to render a decision in the matter.
   
8. Judgment entries are final ten days from the date of entry.
   
9. Collection procedures may commence after this period of time.

Please Note: The 24 Hour Clerk's Office, located at 201 Poplar Suite LL-126, is available to file civil lawsuits, after the Civil Division main office is closed.

9. How do I file an F.E.D. (Forcible Entry and Detainer) action to remove someone from the premises not paying their rent?

1. The Clerk's office provides the necessary preprinted forms.
   
2. The form is completed with needed information, such as: the defendant's name and address of the real property to obtain personal service on the defendant(s), and state a cause of action. The summons must sufficiently state the cause of action so as to give the defendant notice of the charge he is to meet and enable him to prepare a defense.
   
3. The filing fees are paid to the clerk's office.
   
4. The clerk's office forwards the summons to the requested server to allow for the attempt of service to be made on the defendant(s).
   
5. The server will set a court date upon successful attempt of service.
   
6. The server shall return the process back to the clerk's office.
   
7. The Plaintiff (Property Owner) must appear at the court hearing before a General Sessions Court Judge to render a decision in the matter.
   
8. Judgment entries are final ten days from the date of entry.
   
9. If the Defendant does not make arrangement to pay. The property owner must file a "Writ of Possession" obtained from the Clerk's Office, along with a filing fee. The Clerk's office will issue the writ of possession. The server will make arrangements to meet the owner at the premises and the eviction process will take place.
10. If a judgment for a monetary amount was given, collection Procedures may commence after ten (10) days from the judgment entry.
    
    • Please Note: The clerk's office does not notify plaintiffs of court settings. It is the responsibility of the filing party to make inquires to the Clerk's Office, Sheriff's Office and or the Private Process Server's Office concerning your case status for a court setting.
      
    • Please Note: The 24 Hour Clerk's Office, located at 201 Poplar Suite LL-126, is available to file civil lawsuits, after the Civil Division main office is closed.
      
    
    

10. What time does civil court convene?

The court calendar is called daily at 10:00 a.m. and again at 1:30 p.m. with the exception of Friday afternoon. On Friday, the court calendar is called only at 10:00 a.m.

11. Am I required to have an attorney in the General Sessions Court?

No.

You may represent yourself in a court matter.

You should be familiar with the Rules of Court. The Judge will not be able to assist you. The General Sessions Court - Civil Division Court Rules may be obtained from the Judges' Secretary's Office and or the Clerk's Office.

However, corporations are required to have legal representation in any court proceedings.

"Power of Attorney" is not recognized in the Courts of General Sessions.

12. How do I appeal a case to the Circuit Court?

Appeals must be filed within ten days from the entry date of the judgment. Either party may appeal from a final judgment. A $213.50 filing fee is required and a surety bond, corporate bond or good security from the appellant party which is supported by TCA 27-5-103. Bond requirements pertaining to F.E.D. matters differ from bond requirements of a civil lawsuit.

The General Sessions Court 24-Hour Clerk's Office is available for accepting the filing of an appeal from both the Civil Division and the Criminal Division of the General Sessions Courts.

13. How do I collect my judgment?

The Plaintiff or Attorney of record can request the issuance of a garnishment or levy.

You must have knowledge that the judgment debtor owns land or personal property free of liens or mortgages to issue a levy to satisfy the judgment.

You must have knowledge of the judgment debtor's employer to garnish their wages or knowledge of their bank account to garnish the account.

14. When may I receive funds from the Clerk's Office?

Funds received are held for twenty working days from the date of receipt in accordance with Tennessee laws. After the twenty day hold period has expired, funds are payable to the Attorney of record or Plaintiff' upon request Monday through Friday, with the exception of the first five working days of the month.

15. How do I stop the garnishment on my wages?

The defendant may, upon payment of a $25.00 filing fee, file a motion for installment payments.

A stay of garnishment is issued upon the first filing of a motion for installment payments.

A court date is set within approximately eight days from the filing of the motion for installment payments to be reviewed by a General Sessions Court Judge. The Judge will grant or deny the motion before the court.

Payments are to be made to the Clerk's Office. If judgment debtor complies with the order stating the payment schedule, wage deductions are stayed.

16. What is a "Motion to Quash"?

A judgment debtor may claim exemption rights after the service of an execution or garnishment by filing a motion to quash the garnishment or execution. The Clerk's office will provide the necessary form. The motion to quash form must be filed Twenty (20) days from the withholding of wages and or bank account by a garnishee / employer.

17. What if the defendant does not comply with the agreed Installment payment arrangement?

The plaintiff and or attorney may submit to the clerk's office a "Reinstatement of Garnishment" form. These forms are available in the Civil Division Clerk's Office, Garnishment Counter. There is not a filing fee for this request.

Upon the filing of the "Reinstatement of Garnishment" form, the Clerk's Office will calculate payments and give notice to the employer of the credits. The form is forwarded to a server to be served on the employer. The employer should commence deductions and remit to the court.

18. What is the cost to get a release on a garnishment?

All outstanding costs are due upon the issuance of a release. A letter from the attorney of record and or the plaintiff must be obtained, giving the Clerk's Office a directive regarding further steps to be taken by the Clerk's Office regarding each individual case.

19. How can I clear up my credit report with the credit bureau?

Once the General Sessions Court Clerk's office has received a "Satisfaction" letter from the Attorney of record and or the plaintiff, for a $6.00 fee, the General Sessions Court Clerk's office can notify the credit bureau of your case status.

20. Why does the General Sessions Court Clerk's Office assign Attorney Code numbers and what are they used for?

The General Sessions Court Clerk's Office assigns a code number to be used by the attorney and or plaintiffs who file numerous cases. The assigned code number should be written on each lawsuit filed. The code allows for multiple case settings to be placed on the court calendar in one division of court. The code number also provides an efficient manner to disburse judgment money we have received.

21. How can I obtain detailed specific case information from the General Sessions Court Clerk's Office regarding a specific case?

Our office is happy to assist you with pertinent case information. Information can be obtained in person at our offices during normal business hours, from our IVR phone system or from this website. The Clerk's Office also provides public access work stations at our downtown location.

But please remember the clerk's office is prohibited by law from giving any legal advice regarding any case. If you have any questions regarding a legal matter, you may wish to seek the assistance of a practicing attorney.