Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0745 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2		-	SENATE BILL 765
3		-	By Bailey
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 745
6	5		By Stevens
7	6
8	7
9	8		HB0745
10	9		002742
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 26;
14	13		Title 45 and Title 47, relative to banking.
15	14
16	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	16		SECTION 1. Tennessee Code Annotated, Section 26-2-203(b), is amended by deleting
18	17		the subsection and substituting:
19	18		(b) The summons to the garnishee must notify the garnishee as follows:
20	19		NOTICE — Although you have a longer time in which to answer the court
21	20		concerning this garnishment, you must, within five (5) business days after you receive
22	21		the garnishment, determine if you possess or control money or property of the judgment
23	22		debtor and place a hold on any available funds. Within that same time period of five (5)
24	23		business days, you must furnish a copy of the garnishment summons and Notice to
25	24		Judgment Debtor by mailing them first class, postage prepaid, to the judgment debtor's
26	25		last known address as shown by your records, or by actual delivery to the judgment
27	26		debtor. If the address shown by your records differs from that shown on this execution
28	27		form, you must also mail a copy of the garnishment and notice to the latter address.
29	28		SECTION 2. Tennessee Code Annotated, Section 26-2-203, is amended by inserting
30	29		the following as a new subsection (b) and redesignating the existing subsection (b) and
31	30		remaining subsections accordingly:
32	31		(b) Notwithstanding another law or rule to the contrary, a garnishee must, within
33	32		five (5) business days after receiving a garnishment, determine if the garnishee
34	33		possesses or controls money or property of the judgment debtor, and furnish a copy of
35	34		the garnishment summons and notice to judgment debtor as provided in subsection (c).
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38	38		- 2 - 002742
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41	40		SECTION 3. Tennessee Code Annotated, Section 47-3-416(b), is amended by adding
42	41		the following at the end of the subsection:
43	42		If the person to whom the warranties are made sends written notice by certified or
44	43		registered mail or commercial courier to the warrantor of its claim for breach of warranty
45	44		and the warrantor fails to pay the claim within thirty (30) days after receiving the notice,
46	45		then the expenses of the person to whom the warranties are made must include
47	46		reasonable attorney fees.
48	47		SECTION 4. Tennessee Code Annotated, Section 47-3-417(b), is amended by inserting
49	48		the following between the second and third sentences:
50	49		If the drawee making payment sends written notice by certified or registered mail or
51	50		commercial courier to the warrantor of its claim for breach of warranty and the warrantor
52	51		fails to pay the claim within thirty (30) days after receiving the notice, then the expenses
53	52		of the drawee to whom the warranties are made must include reasonable attorney fees.
54	53		SECTION 5. Tennessee Code Annotated, Section 47-4-207(c), is amended by adding
55	54		the following at the end of the subsection:
56	55		If the person to whom the warranties are made sends written notice by certified or
57	56		registered mail or commercial courier to the warrantor of its claim for breach of warranty
58	57		and the warrantor fails to pay the claim within thirty (30) days after receiving the notice,
59	58		then the expenses of the person to whom the warranties are made must include
60	59		reasonable attorney fees.
61	60		SECTION 6. Tennessee Code Annotated, Section 47-4-208(b), is amended by inserting
62	61		the following between the second and third sentences:
63	62		If the drawee making payment sends written notice by certified or registered mail or
64	63		commercial courier to the warrantor of its claim for breach of warranty and the warrantor
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67	66		- 3 - 002742
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69	68		fails to pay the claim within thirty (30) days after receiving the notice, then the expenses
70	69		of the drawee to whom the warranties are made must include reasonable attorney fees.
71	70		SECTION 7. This act takes effect upon becoming a law, the public welfare requiring it,
72	71		and applies to acts occurring on or after the effective date of this act.