Henry County Court Records Lookup

Henry County Courts, TN *

The people of Henry County depend on the county court system to handle their legal matters. The Henry County Courts are responsible for criminal matters such as major felonies as well as traffic violations, and civil cases such as wills, probate, domestic violence, child custody, and welfare. People go to court to file new cases and serve on juries.

The Henry County Court system is also where members of the public, legal professionals, historians, and journalists can find county court records. Employers may need to access court records to check whether a future employee has a record of criminal cases. Landlords use court records to check on prospective tenants' eviction histories. It is important that residents understand how the court system works to be able to use it effectively and save themselves time, stress, and money.

How to Access Henry County Court Records

Online Access

Tennessee does not currently offer statewide online access to court records. The state is digitizing its court records, but only the highest-population counties have digitized records, and Henry County's population is relatively small. Residents who want access to court records will need to visit the Henry County Courthouse.

Alternative Online Options

While Tennessee statewide court records are not available online, residents can use an alternative court records search engine, such as CourtCaseFinder. The platform can search state and national records, which helps if people have missing or incomplete court case information.

In-Person Requests

For certified documents or older records, residents may want to visit the Henry County Courthouse. Either the Circuit Court Clerk or the Chancery Clerk and Master can help people locate physical case files and archived cases and provide certified court copies for another court, bank, or government agency. People should bring as much information as possible (such as names or case numbers) to help make the process faster.

Archived Records

The court system in Henry County is over 200 years old, so there are court records dating back to the 19th century. The first stop any resident should make when searching for archived court records is the appropriate court clerk, as many court cases are stored at the courthouse. Residents can also check with the Henry County Archive & Genealogy Library, or through the Tennessee State Library and Archives (TSLA).

Overview of the Henry County Court System

The Tennessee Unified Court System is led by the Chief Justice of the Tennessee Supreme Court, which also acts as the court of last resort for appeals from the Tennessee Court of Appeals. The Tennessee Supreme Court has three courthouse locations based on the state's historic Grand Divisions, or regions of the state: Knoxville (Eastern), Nashville (Middle), and Jackson (Western). Judges rotate among the courthouses to hear cases. The Tennessee Court of Appeals is split into separate civil and criminal courts within the Grand Divisions.

Henry County has several county-level courts. The Circuit Court is the county's major trial court, hearing felonies and large civil cases as part of the 24th Judicial District, which also serves Benton, Carroll, Decatur, and Hardin counties in North Central Tennessee. The county also has a Chancery Court, with a separate Court Clerk and Master. The General Sessions Court hears misdemeanor cases, traffic and ordinance violations, and juvenile cases, as there is no separate standalone Juvenile Court in the county. The county has three City/Municipal Courts serving Paris, Henry, and Puryear.

Types of Courts in Henry County, Tennessee

Circuit Court

The Henry County Circuit Court is the county's major trial court. They have general jurisdiction to hear felony cases and civil cases with damages over $25,000. Although the court is part of the 24th Judicial Circuit, cases that originate in Henry County are heard in the Henry County Courthouse.

Jurisdiction:

• All felony cases
• All civil lawsuits over $25,000
• Appeals from the General Sessions and Chancery Courts
• Misdemeanor cases requiring a jury trial
• Land title cases, including foreclosures
• Family law cases, such as contested divorces (along with Chancery Court)

Primary Location: Henry County Courthouse, Paris

Chancery Court

Chancery Courts represent courts of equity in Tennessee because they are asked to change a ruling or policy rather than award monetary damages. Chancery Courts in Tennessee do not have juries; instead, a judge hears the arguments from both sides and makes a ruling. While the other courts in the county use the Circuit Clerk to maintain court records, the Chancery Court has a separate Court Clerk and Master.

Jurisdiction:

• Probate law cases, including wills, trusts, and estates
• Conservatorships and guardianships for mentally ill or incapacitated adults
• Contract disputes between businesses, or a business and a government agency
• Policy or rule changes in local government entities
• Family law cases, such as divorces (along with the Circuit Court), annulments, adoptions, and termination of parental rights
• Probate law cases, including wills, trusts, and estates, as well as adding or removing trustees
• Tax liens and other tax issues

General Sessions Court

The Henry County General Sessions Court is a high-volume court for hearing cases that occur in people's everyday lives, such as landlord-tenant disputes, traffic tickets, ordinance violations, and misdemeanor crimes. The court hears all cases with a judge, not a jury. Because Henry County is small, the General Sessions Judge is also responsible for hearing cases involving juveniles, such as juvenile delinquency and dependency.

Jurisdiction includes:

• Misdemeanors
• Traffic tickets occurring in the county
• Evictions
• Small claims civil lawsuits
• Preliminary hearings for felony offenses
• Juvenile delinquency crimes including unruly conduct, child truancy, felonies, and misdemeanors
• Hearings to determine whether a juvenile case can be moved to adult court
• Juvenile dependency cases involving the neglect or abuse of a child

Primary Location: Henry County Courthouse, Paris

City Court

Henry County has three City/Municipal Courts that hear cases involving traffic citations and ordinance violations in their towns. Like General Sessions Courts, a judge hears all Municipal Court cases.

Jurisdiction:

• Traffic violations occurring within city limits, such as running a red light or reckless driving
• City ordinance violations, such as public intoxication, vandalism, or illegal dumping

Primary Location: City Halls in Paris, Henry, and Puryear

How to File a Case in Henry County

Before a resident can file a civil case in a Henry County court, they need to understand that each court has its own filing process. Failing to follow the prescribed procedure may delay the case or result in a judge dismissing it. Remember that residents do not need to file criminal cases, as those filings are done by government agencies, such as the police. Here are the steps to filing a civil court case in the county.

Step 1: Choose the Correct Court

The first step to filing any court case is to choose the correct court to file paperwork in. Luckily, all of the county courts are located in the same courthouse. Residents filing a civil suit in excess of $25,000 must file in Circuit Court. If they are filing a case under $25,000 or a small claims case, they must file in General Sessions Court. Family law cases are usually filed in Chancery Court, although contested divorces may be filed in Circuit Court (for a contested divorce), so consult the appropriate Court Clerk before filing to confirm where to file.

Step 2: Complete Required Forms

The next step for residents is to complete the required forms paperwork. Each court case has forms that residents must complete in order to file a case. The Tennessee Courts website offers court forms to download and complete. A nonprofit website, Justice For All TN, also provides all court forms as well as guides and detailed instructions for completing them. Residents can always ask the appropriate Court Clerk for guidance when filling out the court forms.

Step 3: File the Case

After choosing the correct court and completing the required forms, residents can file the case at the Henry County Courthouse. Tennessee allows residents to file in person or by mail. The court clerk's office will inspect the paperwork, confirm accuracy, and then stamp it. Most court clerks request that if someone is filing by mail, they should send the forms via certified mail rather than by regular mail.

Step 4: Pay Filing Fees

There are filing fees associated with any case, no matter how small it is. Court filing fees are mandatory in Tennessee. The larger the case is, the larger the filing fee will be. For example, people who are filing a small claims case will not pay as much in filing fees as a large civil case asking for $25,000 or more in damages. Residents who can't afford filing fees can fill out the Uniform Civil Affidavit of Indigency form for the judge to waive the fees. Be willing to prove economic hardship at the time of filing.

Step 5: Serve the Other Party

In Tennessee, petitioners (the person who is filing the case) must notify the defendants (the person being sued) of the lawsuit. Petitioners cannot notify the defendant themselves. They can use the Henry County Sheriff's Department, which charges a small fee to serve the paperwork on the defendant, or hire a process server. Residents can also serve defendants via certified mail, but there are specific requirements for the mailing process. Check with the court clerk to ensure the defendant is served correctly. Once the court receives the proof of process form, the case can proceed.

Step 6: Monitor the Case

After filing the case and serving the other party, the case becomes active, but that doesn't mean the work is over. It is important to monitor the case to get updates such as court dates for hearings and motions or requests for additional paperwork. This allows people to be prepared for every court appearance.

Henry County Courthouse Directory

Legal and Self-Help Resources

There are times when residents need free legal help or resources for their cases. Legal and self-help resources are available for locals and non-residents of Henry County through several platforms.

• West Tennessee Legal Services (WTLS), a nonprofit providing free legal civil representation for low-income families, seniors, veterans, and victims of domestic violence for all matters, including landlord-tenant disputes, domestic violence protection orders, consumer scams, and public benefits.
• Individuals looking for legal help navigating state forms and urgent answers to urgent legal questions can find help through Justice For All TN.
• Tennessee Free Legal Answers, a virtual legal clinic where one can post civil legal questions and receive answers from pro bono attorneys.

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