Tennessee State Process Service

$159 Routine - $209 Rush

In Tennessee, the rules for service of process are outlined in the Tennessee Rules of Civil Procedure (TRCP). Here's an overview of the general process:

1. Who Can Serve Process

Sheriff or Deputy Sheriff: A sheriff or deputy sheriff of the county where the defendant is located may serve process.
Private Process Servers: A private individual who is not a party to the case and is over the age of 18 can serve process. However, in some cases, the court may permit the use of a private process server, and rules may vary by jurisdiction within Tennessee.
Attorney: Attorneys may also serve process in Tennessee, but the process server must be authorized by the court.

2. Methods of Service

Personal Service: The process is delivered directly to the defendant (or to an agent authorized to accept service on their behalf).
Service by Mail: A summons and complaint may be mailed to the defendant using certified mail with return receipt requested. The defendant must sign the receipt.
Substitute Service: If personal service cannot be made, the process server may leave the documents at the defendant's usual place of residence with a person of suitable age and discretion.
Service on Corporations: Corporations are typically served through their registered agent, or, if no agent is available, through the Secretary of State.
Service by Publication: In cases where the defendant cannot be located, service by publication may be allowed. The court will order a notice to be published in a local newspaper. This is a last resort method.

3. Time Frame for Service

Initial Service: Process must generally be served within 90 days after filing the lawsuit. Failure to serve process within this period may result in dismissal of the case unless an extension is granted by the court.
Extension: If the plaintiff cannot serve the defendant within 90 days, they may request an extension from the court.

4. Proof of Service

Return of Service: Once the process is served, the server must complete a return of service form detailing the manner and date of service. This document is filed with the court as proof that service was made.

5. Service on Special Parties

Minors and Incapacitated Persons: Special rules apply for serving process on minors or persons who are under guardianship. These rules usually involve serving a parent, guardian, or custodian.

Foreign Defendants: If the defendant is located outside of Tennessee, special rules for service of process on out-of-state defendants may apply, including service through the Secretary of State or by mail under the Tennessee Long Arm Statute.