Legal Question in Credit and Debt Law in Tennessee

TN Circuit Court practice re: enforcing a foreign judgment

I am attempting to enforce (in pro se) a foreign judgment in TN. The debtor has succeeded in dragging out (almost a year now) what should be a summary proceeding TCA 26-6-101; we had a hearing; I provided the documents the debtor requested, and she and I had another round of briefing. The debtor has now scheduled another hearing, 6 weeks from now. (It is all baseless delay tactics.)

My question is: How can I request that the court make a ruling on the briefs/without further delay or hearings? This must be possible in theory, given the nature of the proceeding.

But, this is a Circuit Court; the judge may not even be in town, and I have the impression the judge doesn't get the case file until right before a scheduled hearing.

''Motion for Immediate Ruling on the Briefs''? How do I get it in front of the judge? The court's local rules don't address this kind of thing and the court clerk was not very helpful.

Also: can I waive my right to show up at a hearing (expenses!)? Can I ask for a telephone hearing?

Thanks much.


Asked on 9/27/04, 7:30 pm

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: TN Circuit Court practice re: enforcing a foreign judgment

Although you want to speed up the decision, "due process of law" in state courts (unlike federal courts) normally requires petitioners to have a hearing an oral arguments for their motions and other pleadings. You could ask the court to rule on just the briefs without a hearing, but if the other side does not go along with the request, then it is guaranteed it will be denied. You only have 5 weeks to wait now; that is shorter than the time it would take you to file a new motion and have that set for a motion day. For future notice, if you have a pleading you want to get before the judge traveling on circuit, then you should call his secretary and tell her you want to pick a date for a motion you are filing to be heard. That way you can simultaneously file a notice that you will appear before the judge to argue your motion and the motion itself.

http://riskmgmt.biz

Read more
Answered on 10/02/04, 12:20 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Tennessee