Legal Question in Civil Litigation in Tennessee

who can serve

I an a private process server covering many counties in tennessee. i recently had a judge tell one of my clients that he didn't allow the use of a private server in his county. he said the county commission had to agree or vote upon the use of private servers before it was legal. another judge showed the law to me that states, anyone over 18 and not a party of the suit can deliver a civil process. my question is am i getting the good ole boy run around or what do i need to do?


Asked on 2/10/01, 3:20 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: who can serve

I have not looked at those statutes in a long time, but I believe that in Circuit and Chancery Court anyone over 18 can serve a summons and other process as long as they are not intereted in the outcome of the litigation (a party). There may be some other conditions in the Rules as well. In General Sessions there is some statutory restrictions on who can serve a civil warrant. The Legislature changed the law a few years ago. Previously only the Sheriff could serve civil warrants. I believe that now you can get permission to do it, but the county commission or the county clerk must approve you. Check the TCA. I hope this helps.

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Answered on 3/22/01, 12:38 pm


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