Rule 3A.Enforcement of Foreign Judgments
Last amended July 1, 2013 · Last verified July 2, 2026
Full Text of Rule 3A
Advisory Commission Comments
Amendment History
- As added by order filed December 18, 2012, effective July 1, 2013.
Plain-English Summary
Rule 3A gives out-of-state judgment creditors a shortcut that bypasses Rule 3’s ordinary complaint-based commencement. To enroll a foreign judgment under Tennessee’s Uniform Enforcement of Foreign Judgments Act, the creditor files an authenticated copy of the judgment with the circuit or chancery court clerk, an affidavit giving the judgment debtor’s and creditor’s names and last known addresses, and a Notice of Filing describing the judgment and the parties. The rule includes model language for that Notice of Filing.
Once those documents and the filing fee are in hand, the clerk opens a case number and issues a summons for service on the judgment debtor, along with copies of the Notice of Filing, the authenticated judgment, and the affidavit. If the debtor does not respond within 30 days after service, the clerk enrolls the judgment and, once execution is requested, issues it — whether by garnishment, attachment, or another method — without a separate order from the court.
Rule 3A exists because Tennessee courts had not treated enrollment consistently: some required a complaint or a formal default-judgment motion before a foreign judgment could be enforced, even though the Uniform Act was meant to streamline that process. The rule confirms that no complaint and no motion for default are necessary when the enrollment is undisputed. A judgment debtor who does contest the filing is entitled to a trial on the judgment’s validity, conducted under the ordinary Tennessee Rules of Civil Procedure.
Frequently Asked Questions
Do I need to file a complaint to enforce an out-of-state judgment in Tennessee?
No. Rule 3A lets a judgment creditor enroll a foreign judgment under the Uniform Enforcement of Foreign Judgments Act by filing the authenticated judgment, an affidavit, and a Notice of Filing — no complaint required.
How long does a judgment debtor have to object to enrollment?
30 days after service of the summons and enrollment papers. If the debtor does not respond in that time, the clerk enrolls the judgment and, once requested, issues execution.
What happens if the judgment debtor disputes the foreign judgment?
The debtor is entitled to a trial on the underlying judgment’s validity, and that trial proceeds under the ordinary Tennessee Rules of Civil Procedure rather than Rule 3A’s streamlined enrollment process.
Advisory Commission Comments [2013].
Tennessee trial courts have not followed a uniform procedure in enrolling and enforcing foreign judgments. Some trial courts have considered that a complaint or motion for default is necessary under the Rules of Civil Procedure to enroll or enforce by execution a domesticated foreign judgment, despite the adoption of the Uniform Enforcement of Foreign Judgments Act, Tenn. Code Ann. §§ 26-6-104 - 108 (2000 & Supp. 2011). The Act's purpose to streamline the procedure for enrolling and enforcing foreign judgments is hampered by court's uncertainty whether enrolling a foreign judgment should be treated as commencing a civil action, requiring commencement by a complaint and, upon lack of response by the judgment debtor after service, requiring entry of a default upon proper motion.
Rule 3A has been adopted to insure that trial courts follow the same process throughout the state. It makes clear that where a foreign judgment is enrolled pursuant to the Act and is undisputed, no complaint is necessary to enroll the judgment or issue execution upon it. Similarly, no motion for default or entry of default judgment is necessary before execution may issue. See also Advisory Commission Comment [2013] to Tenn. R. App. 55.
If a judgment debtor does dispute the Notice of Filing Foreign Judgment, Tennessee's Uniform Enforcement of Foreign Judgments Act entitles the debtor to a trial on the merits concerning the underlying validity of the judgment, and the Tennessee Rules of Civil Procedure govern the trial on the merits on that answer and response.