Tennessee § 29-18-115 - Method of serving summons.

§ 29-18-115. Method of serving summons.

In commencing an action under this chapter, summons may be served upon any adult person found in possession of the premises, which includes any adult person occupying the premises; and service of process upon such party in possession shall be good and sufficient to enable the landlord to regain possession of such landlord's property. In the event the summons cannot be served upon any adult person found in possession of the premises, personal service of process on the defendant is dispensed with in the following cases: When the defendant is a nonresident of this state; When, upon inquiry at the defendant's usual place of abode, the defendant cannot be found, so as to be served with process, and there is just ground to believe that the defendant has gone beyond the limits of the state; When the summons has been returned “not to be found in my county”; When the name of the defendant is unknown and cannot be ascertained upon diligent inquiry; When the residence of the defendant is unknown and cannot be ascertained upon diligent inquiry; or When a domestic corporation has ceased to do business and has no known officers, directors, trustee, or other legal representatives, on whom personal service may be had. In those cases specified in subdivision (a)(1), where personal service of process on the defendant is dispensed with, the proceeding shall be governed by §§ 21-1-203 — 21-1-205, and in addition thereto, the plaintiff shall post or cause to be posted on the front door or other front portion of the premises a copy of the publication notice at least fifteen (15) days prior to the date specified therein for the defendant to appear and make a defense. In addition to the methods set out in subdivisions (a)(1) and (2), in commencing an action under this chapter, summons may be served upon a contractually named party, and service of process upon such party shall be good and sufficient to enable the landlord to regain possession of the landlord's property. In commencing an action under this chapter, service of process may be made by the plaintiff, the plaintiff's attorney, or the plaintiff's agent, in lieu of subsection (a), by lodging the original summons and a copy certified by the clerk with the sheriff or constable of the county in which suit is brought, who shall promptly send postage prepaid a certified copy by certified return receipt mail to the individual as follows: In the case of an individual defendant, to the party named; In the case of a domestic corporation or a foreign corporation doing business in this state, to an officer or managing agent thereof, or to the chief agent in the county where the action is brought or to any other agent authorized by appointment or by law to receive service on behalf of the corporation; or In the case of a partnership or an unincorporated association which is a named defendant under a common name, to a partner or managing agent of the partnership or to an officer or managing agent of the association, or to an agent authorized by appointment or by law to receive service on behalf of the partnership or association. In any case in which such warrant or process is returned undelivered for any reason whatsoever, service of process shall then be made as otherwise provided by law. The original process, endorsed as indicated below, an affidavit of the appropriate sheriff or constable setting forth the sheriff or constable's compliance with the requirements of the preceding provisions, and the return receipt signed by the defendant shall be attached together and sent to and filed by the clerk of the court of general sessions. There shall be endorsed on the original warrant by the sheriff or constable over the sheriff or constable's signature the date of the sheriff or constable's mailing the certified copy to the defendant; thereupon service of the defendant shall be consummated. An act of a deputy of the sheriff in the sheriff's behalf hereunder shall be deemed the equivalent of the act of the latter. When service of process by mail is made upon one (1) or more individual defendants, service of process shall not be complete as to any individual unless a return receipt, signed or acknowledged on its face by the individual personally, is returned to the deputy sheriff or constable. In addition to the methods set out in this section, service of process for an action commenced under this chapter shall be good and sufficient to enable the landlord to regain possession of such landlord's property if a sheriff, sheriff's deputy, constable, or private process server personally serves a copy of the warrant or summons upon any one (1) named defendant who has a contractual or possessory property right in the subject premises. If, after attempting personal service of process on three (3) different dates and documenting such attempts on the face of the warrant, the sheriff, sheriff's deputy, constable, or private process server is unable to serve any such one (1) named defendant personally, service of process for determining the right of possession of the subject premises as to all who may have a contractual or possessory property right therein may be had by the sheriff, sheriff's deputy, constable, or private process server taking the following actions at least six (6) days prior to the date specified therein for the defendant or defendants to appear and make a defense: Posting a copy of the warrant or summons on the door of the premises; Sending by United States postal service first class mail a copy of the warrant or summons to the so named defendant or defendants at the address of the subject premises or the defendants' last known address, if any; and Making an entry of this action on the face of the warrant or summons filed in the action. Subdivision (e)(2) shall apply only to service of process to regain possession of real property, and shall not apply to service of process to recover monetary judgment. Acts 1869-1870, ch. 64, § 6; Shan., § 5127; Code 1932, § 9282; Acts 1945, ch. 79, § 1; C. Supp. 1950, § 9282; Acts 1979, ch. 420, § 1; 1980, ch. 798, § 1; T.C.A. (orig. ed.), § 23-1615; Acts 1997, ch. 380, § 1; 2010, ch. 827, § 1; 2015, ch. 160, §§ 1-4; 2018, ch. 670, §§ 1, 2; 2019, ch. 160, § 1. Amendments. The 2015 amendment inserted “or constable” following “sheriff” in (b); rewrote the first two sentences of (d)(1) which read “The original process, endorsed as indicated below, an affidavit of the appropriate sheriff setting forth the sheriff's compliance with the requirements of the preceding provisions, and the return receipt signed by the defendant shall be attached together and sent to and filed by the clerk of the court of general sessions. There shall be endorsed on the original warrant by the sheriff over the sheriff's signature the date of the sheriff's mailing the certified copy to the defendant; thereupon service of the defendant shall be consummated.”; inserted “or constable” following “deputy sheriff” in (d)(2) and inserted “or constable” following “sheriff, sheriff’s deputy,” once in (e)(1) and twice in (e)(2). The 2018 amendment inserted “, which includes any adult person occupying the premises” in the first sentence of the introductory paragraph of (a)(1); and added (a)(3). The 2019 amendment, in (e), substituted “sheriff, sheriff's deputy, constable, or private process server” for “sheriff, sheriff's deputy, or constable” in (1) and twice in (2), and, in (3), substituted “to service of process to regain” for “to the service of process in an action brought to regain“ and substituted “to service of process to recover monetary judgment” for “to the service of process in any action seeking monetary judgment” at the end. Effective Dates. Acts 2015, ch. 160, § 5. April 16, 2015. Acts 2018, ch. 670, § 3. April 12, 2018. Acts 2019, ch. 160, § 2. April 18, 2019. Cross-References. Process, service of summons, Tenn. R. Civ. P. 4. Sheriff's fee for summons, § 8-21-901 . Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Forcible Entry and Detainer, §§ 8, 9. Law Reviews. Broadening The Bases of Individual In Personam Jurisdiction in Tennessee, 22 Tenn. L. Rev. 237. Cited: In re Talley, 69 B.R. 219, 1986 Bankr. LEXIS 4788 (Bankr. M.D. Tenn. 1986); Lipscomb v. Doe, 32 S.W.3d 840, 2000 Tenn. LEXIS 663 (Tenn. 2000).