Tennessee § 40-25-109 - Fees on unserved process.
Full text of Tennessee Tennessee Code Annotated § 40-25-109 — Fees on unserved process., with citation guidance and answers to common questions.
§ 40-25-109. Fees on unserved process.
No fee is allowed the sheriff or other executive officer, upon the return of any kind of criminal process or subpoena “not found,” unless the officer makes oath before the clerk that the officer has been to the residence of the person mentioned in the process, or at the place where the person last resided in that county, or that the person has not resided in the county for twelve (12) months. Code 1858, § 5567 (deriv. Acts 1843-1844, ch. 215, §§ 10, 12); Shan., § 7591; Code 1932, § 12218; T.C.A. (orig. ed.), § 40-3309. Cross-References. Sheriffs and constables, specific fees authorized, § 8-21-901 . Attorney General Opinions. In order to receive the fee for attempting to serve criminal process, the officer must satisfy the conditions in T.C.A. § 40-25-109 ; an affidavit attached to the unserved process would not be sufficient to satisfy the statutory requirement, OAG 04-088 (5/06/04).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-25-109
What does Tennessee Code Annotated § 40-25-109 cover?
Section 40-25-109 ("Fees on unserved process.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 40-25-109?
A common citation format is "Tennessee Code Annotated § 40-25-109" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 40-25-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.