(a) The execution for costs shall issue in the usual form, and the writ of possession may be as follows: State of Tennessee,To the sheriff or any constable of such county: ____________________ County.Whereas, at a trial of forcible and unlawful detainer had in such county on the ____________________ day of ____________________, 20____________________, before E F, a judge of the court of general sessions of such county, judgment was given that A B recover from C D possession of a certain tract or parcel of land, bounded [or known and described] as follows [insert the description in the warrant]: We therefore command you, that you take with you the force of the county, if necessary, and cause A B, the plaintiff in such judgment, to have and be restored to the possession of such tract or parcel of land, and that you remove C D, the defendant in such judgment, therefrom, and give such plaintiff peaceable possession of such premises, and make return to me in twenty (20) days how you have executed this writ.This ____________________ day of ____________________, 20____________________. E F, G.S.J.(b)(1) Upon removing the defendant in any judgment under this chapter, the plaintiff or a executed this writ.This ____________________ day of ____________________, 20____________________. E F, G.S.J.(b)(1) Upon removing the defendant in any judgment under this chapter, the plaintiff or a designated representative of the plaintiff, shall place the defendant's personal property:(A) On the premises from which the defendant is being removed;(B) In an appropriate area clear of the entrance to the premises; and(C) At a reasonable distance from any roadway.(2) The plaintiff or a designated representative of the plaintiff shall not disturb the defendant's personal property for forty-eight (48) hours. After such forty-eight (48) hours, the remaining personal property of the defendant may be discarded by the plaintiff or a designated representative of the plaintiff.(c)(1) All actions of any county, municipality, metropolitan form of government or other local government relative to the disposition of personal property after the execution of a writ of possession shall be temporarily suspended during the forty-eight-hour time period created pursuant to subsection (b).(2) Notwithstanding subdivision (c)(1), a county, municipality, metropolitan form of government or other local ily suspended during the forty-eight-hour time period created pursuant to subsection (b).(2) Notwithstanding subdivision (c)(1), a county, municipality, metropolitan form of government or other local government shall not be liable for any damages to the defendant's personal property.(d) The plaintiff or a designated representative of the plaintiff, acting in accordance with this section, shall not be liable for any damages to the defendant's personal property during or after the forty-eight-hour time period, unless it can be established by clear and convincing evidence that the damages resulted from a malicious act or malicious omission of the plaintiff or a designated representative of the plaintiff.Amended by 2014 Tenn. Acts, ch. 534, s 1, eff. 7/1/2014.Code 1858, § 3359 (deriv. Acts 1841-1842, ch. 186, § 4); impl. am. Acts 1879, ch. 23, § 1; Shan., § 5107; mod. Code 1932, § 9262; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1629.
Tennessee Legal Code