2010 Tennessee Code
Title 20 - Civil Procedure
Chapter 2 - Process
Part 2 - Long-Arm Statutes
20-2-215 - Service on secretary of state Forwarding by registered or certified mail Personal representatives of deceased defendants Time for appearance Registered or certified mail refused.

20-2-215. Service on secretary of state Forwarding by registered or certified mail Personal representatives of deceased defendants Time for appearance Registered or certified mail refused.

(a)  Service of process pursuant to § 20-2-214 shall be made by lodging, by the plaintiff or the plaintiff's attorney, the original summons and a copy certified by the clerk of the court in which the action is brought, with a fee of twenty dollars ($20.00), with the secretary of state, who shall promptly send, postage prepaid, the certified copy by registered or certified return receipt mail to the defendant, along with a written notice that service was so made.

(b)  In case it appears, either before or after the lodging of process as provided in subsection (a), that the nonresident is dead, then either original or alias process may issue directed to the personal representative of the nonresident deceased and shall be sent as provided in this section to the probate court of the county and state of the residence of the deceased at the time of the deceased's death. No appearance need be made nor shall judgment be taken against the personal representative until the lapse of sixty (60) days from the date of mailing the process to such probate court. The procedure for mailing such process and proof of service of process shall be as provided in this section and in § 20-2-216 for the service upon living persons.

(c)  The fee of twenty dollars ($20.00) so paid by plaintiff, when fact of payment is endorsed on the original process by the secretary of state, shall be taxed as plaintiff's cost, to abide the judgment.

(d)  In case delivery of process so made by registered or certified mail is refused by the addressee of the process, such refusal to be evidenced by appropriate notation of such fact by the postal authorities, such refusal shall be deemed the equivalent of delivery and adequately constitutes service.

[Acts 1965, ch. 67, § 2; 1971, ch. 332, § 1; 1979, ch. 88, § 1; 1980, ch. 656, § 2; T.C.A., § 20-236; Acts 1998, ch. 890, § 7.]