Tennessee Code Annotated

Tenn. Code Ann. § 20-2-215 (2026)

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

✓ current as of May 2026

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(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.

Notes of Decisions

Cited in 9 cases, 1989–2004 · leading case: Southland Express, Inc. v. Scrap Metal Buyers of Tampa, Inc., 895 S.W.2d 335 (Tenn. Ct. App. 1994).

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Southland Express, Inc. v. Scrap Metal Buyers of Tampa, Inc., 895 S.W.2d 335 (Tenn. Ct. App. 1994). · cites it 2× “Service of process was obtained on defendant through the secretary of state as provided in Tennessee’s long-arm statute, T.C.A. § 20-2-215 (1980). Scrap Metal filed a motion to dismiss the cause of action for lack of in personam jurisdiction and filed in support of its motion…”

Inter-City Prods. Corp. v. Willey, 149 F.R.D. 563 (M.D. Tenn. 1993). · cites it 6× “See Exhibit F to the Complaint. While conscientious attention to detail would have caused a more accurate summons to be served, I cannot say that the summons which was served on Mr.”

Cupp v. Alberto-Culver USA, Inc., 308 F. Supp. 2d 873 (W.D. Tenn. 2004). · cites it 2× “The Hague Convention sets forth specific procedures for service of process abroad, which do not include sending the documents directly to the defendant by United States mail.”

Harding v. Allied Prods. Corp., 703 F. Supp. 51 (W.D. Tenn. 1989). · cites it 2× “section 20-2-215. The Secretary of State delivered the summons and complaint to Allied’s divisional office in Selma, Alabama, where it was received on June 20, 1988.”

MCA Records, Inc. v. Highland Music, Inc., 844 F. Supp. 1201 (M.D. Tenn. 1993). · cites it 2× “Hawkins argues that as a nonresident, proper service could only be effected by filing the summons with the clerk of the court for service through the secretary of state to be mailed to Hawkins, Tenn.Code Ann. § 20-2-215(a) (1980), or personally serving Hawkins outside of the…”

Phillip Russell Lewis v. James Howard Bowen (Tenn. Ct. App. 2004). · cites it 2× “See Tenn. Code Ann. § 20-2-215 and Tenn. R. Civ.”

Kay Gilliam Dulin v. Michael Jay Dulin (Tenn. Ct. App. 2004). “(a)(1) In all divorces sought because of irreconcilable differences between the parties, if the defendant is a nonresident, personal service may be effectuated by service upon the secretary of state pursuant to the provisions of § 20-2-215. (2) In lieu of service of process, the…”

Patricia Lyman v. Lawrence James (Tenn. Ct. App. 2003). “– (a)(1) In all divorces sought because of irreconcilable differences between the parties, if the defendant is a nonresident, personal service may be effectuated by service upon the secretary of state pursuant to the provisions of § 20-2-215. (2) In lieu of service of process,…”

State of Tennessee v. Larry S. Reese - Dissenting (Tenn. Crim. App. 2003). “If the respondent is a resident of Tennessee, then the officer serving the order of protection shall read the order to the respondent; however, if the respondent is not a resident of Tennessee, then the order of protection shall be served upon the respondent by mail in the…”

— Tenn. Code Ann. § 20-2-215(a) — 1 case

MCA Records, Inc. v. Highland Music, Inc., 844 F. Supp. 1201 (M.D. Tenn. 1993). “Hawkins argues that as a nonresident, proper service could only be effected by filing the summons with the clerk of the court for service through the secretary of state to be mailed to Hawkins, Tenn.Code Ann. § 20-2-215(a) (1980), or personally serving Hawkins outside of the…”

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