Tennessee Code Annotated
Tenn. Code Ann. § 16-15-901 (2024)
Issuance and service of civil warrants, writs and other papers
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) Upon filing of civil warrants, writs and other papers, the clerk of the general sessions court in which the civil warrants, writs or other papers are filed, shall issue the required process, writs or other papers, and cause it or them, with necessary copies of the civil warrant, writ or papers, to be delivered for service to the person authorized to serve process as may be designated by the party filing the civil warrant, writ or other papers or the party's attorney if represented by counsel. The authorized person shall serve the civil warrant, writ or other papers, and the return endorsed on the warrant, writ or other papers shall be proof of the time and manner of service. A civil warrant, writ or other papers may be issued for service in any county, against any defendant or additional defendants.
- (b) A civil warrant, attachment or any other leading process used to initiate an action in general sessions court and subpoenas or summons may be served by any person designated by the party or the party's attorney, if represented by counsel, who is not a party to the action and is not less than eighteen (18) years of age. Service of other process and orders of the courts of this state shall be by sheriffs, constables or as provided by law. If service of process is made by a sheriff, constable, or other law enforcement officer, the process server must be identified by name and agency on the service return or in a supplemental affidavit. If service of process is made by a private process server, the process server must be identified by name and a mailing or physical address on the service return or in a supplemental affidavit. Failure of the process server to include this information does not render the service invalid if the service is otherwise valid, but the court may require a private process server to provide the private process server's mailing or physical address to the party on whom process was served.
- (c) Nothing in this section shall affect existing laws with respect to venue.
Amended by 2019 Tenn. Acts, ch. 196,s 1, eff. 1/1/2020.
Acts 2002, ch. 794, § 2.
Notes of Decisions
Cited in 5
cases, 2010–2020 · leading case: Chris Yousif v. Notrial Clark & The Circuit Court of Knox Cnty., 317 S.W.3d 240 (Tenn. Ct. App. 2010).
Chris Yousif v. Notrial Clark & The Circuit Court of Knox Cnty., 317 S.W.3d 240 (Tenn. Ct. App. 2010). “The applicable statutes that set forth the service of process requirements for a suit filed in general sessions court are as follows: Tenn. Code Ann § 16-15-901 (a) Upon filing of civil warrants, writs and other papers the clerk of the general sessions court wherein such civil…”
Apexworks Restoration v. Derek Scott, No. M2019-00067-COA-R3-CV, 2019 WL 5448698 (Tenn. Ct. App. Oct. 24, 2019). “” Tenn. Code Ann. § 16-15-901 (b). 6 Tennessee Code Annotated section 16-15-903(1) provides that, in general sessions court, an individual is properly served “by delivering a copy of the warrant, writ or other papers to the individual personally[.”
Debbie H. Morrow v. Gault Fin., LLC, No. M2017-01602-COA-R3-CV (Tenn. Ct. App. May 17, 2018). “Harrison’s address as required under Tennessee Code Annotated section 16-15-901(b) (“The process server must be identified by name and address on the return.”
Cornerstone Fin. Credit Union v. Joshua Mundy, No. M2018-01624-COA-R3-CD (Tenn. Ct. App. Oct. 23, 2019). “02, holding that the return of process on the default judgment warrant “does not state the process server’s address and does not describe the manner of service” and, consequently, that the service did not comply with Tennessee Code Annotated sections 16-15-901(b)1 and 16-15-…”
Dorothy Eskridge v. NHC Healthcare Farragut, LLC, No. E2019-01671-COA-R3-CV (Tenn. Ct. App. Aug. 6, 2020). “Tennessee Code Annotated § 16-15-901 and 902 address service of civil warrants in general sessions court.”
Tenn. Code Ann. § 16-15-901(a): 2 cases
Chris Yousif v. Notrial Clark & The Circuit Court of Knox Cnty., 317 S.W.3d 240 (Tenn. Ct. App. 2010). “The applicable statutes that set forth the service of process requirements for a suit filed in general sessions court are as follows: Tenn. Code Ann § 16-15-901 (a) Upon filing of civil warrants, writs and other papers the clerk of the general sessions court wherein such civil…”
Apexworks Restoration v. Derek Scott, No. M2019-00067-COA-R3-CV, 2019 WL 5448698 (Tenn. Ct. App. Oct. 24, 2019). “” Tenn. Code Ann. § 16-15-901 (b). 6 Tennessee Code Annotated section 16-15-903(1) provides that, in general sessions court, an individual is properly served “by delivering a copy of the warrant, writ or other papers to the individual personally[.”
Tenn. Code Ann. § 16-15-901(b): 3 cases
Apexworks Restoration v. Derek Scott, No. M2019-00067-COA-R3-CV, 2019 WL 5448698 (Tenn. Ct. App. Oct. 24, 2019). “” Tenn. Code Ann. § 16-15-901 (b). 6 Tennessee Code Annotated section 16-15-903(1) provides that, in general sessions court, an individual is properly served “by delivering a copy of the warrant, writ or other papers to the individual personally[.”
Debbie H. Morrow v. Gault Fin., LLC, No. M2017-01602-COA-R3-CV (Tenn. Ct. App. May 17, 2018). “Harrison’s address as required under Tennessee Code Annotated section 16-15-901(b) (“The process server must be identified by name and address on the return.”
Cornerstone Fin. Credit Union v. Joshua Mundy, No. M2018-01624-COA-R3-CD (Tenn. Ct. App. Oct. 23, 2019). “02, holding that the return of process on the default judgment warrant “does not state the process server’s address and does not describe the manner of service” and, consequently, that the service did not comply with Tennessee Code Annotated sections 16-15-901(b)1 and 16-15-…”
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