In Tennessee, service of process is the legal delivery of a summons and a complaint to a defendant. These documents are intended to notify them that they are being sued and give them an opportunity to respond. But who delivers the documents? And how does service actually work?
The Tennessee Rules of Civil Procedure recognize many methods of service. These include personal service, delivery to a defendant’s authorized agent, and in certain circumstances, delivery to a person who lives with the defendant. But did you know that service of process can also be completed by mail?
Tennessee Rule of Civil Procedure 4.04(10) provides for service of process by mail. Most importantly, when the defendant signs and returns the required return receipt, SERVICE ON THE DEFENDANT IS COMPLETE! In other words, service by mail is a valid method of service under Tennessee law and should be taken just as seriously as service delivered in person.
Many people may not realize that a document arriving in their mailbox can have significant legal consequences. A signature on a return receipt is not simply an acknowledgement that you received a piece of mail; it can establish that you have been formally served with legal process.
If you receive a summons and complaint by mail, do not ignore it. Read the documents carefully and pay close attention to any deadlines for responding. If you are unsure what the documents can mean or what you need to do next, consider consulting an attorney promptly.