Tennessee Service of Process Rules

Tennessee

State Serve Rules
State Serve Rules

Affidavit

Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit

Mailing

Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required

Minors, Incapacitated, and Jail

Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Yes, state requires service on the warden or person in charge
Jail Personal Service
Facility-specific policy
Service to a minor
parent/guardian

Proof Specialists

Mirrors Fed Rules
Yes
M&O
Not required for service

Substitute Service Rules - Business / Entity

Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible

Substitute Service Rules - Individuals

Due diligence prior to substitute service
Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents

When and where can you serve?

Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Not Permissible

Eviction Summons Rules
Eviction Summons Rules

Mailing

Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
14

Posting Rules

Due Diligence Prior to Posting
Required (3 attempts)
Posting
Permissible

Eviction Posting Rules
Eviction Posting Rules

Additional Rules

Additional rules - TM
1) Personal 2) Mail 3) eMail

Affidavit

Notary for Notice
Not required

Mailing

Certified Mail
No
Mail always?
Yes
Mail SLA
14

Proof Specialists

Server/Marshal Required?
Server
**Notary:** Required
**Civil Subpoenas: No special rules**
**Sunday service: No Sundays except by Court Order**
**Must attach summons to affidavit of service when filing**
**INDIVIDUAL** + Personal + Substituted + Only if servee evades or attempts to evade service + Then at the dwelling/house/usual place of abode - On any resident, suitable age - Informed of the contents thereof
**BUSINESS PARTNERSHIPS AND LLCS** + Registered agent + Partner or managing agent
**CORPORATIONS** + Registered agent + Officer or managing agent
**PUBLIC ENTITY (STATE, COUNTY, CITY, ETC.)** + State - Attorney General + County/municipality/entity - chief executive officer - Sub on county attorney + Sub on county court clerk
**MINOR OR INCOMPETENT PERSON** + Parent, guardian or conservator - If no such person can be found, any person having the care or control of such minor at their house

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