Tennessee Code Annotated
Tenn. Code Ann. § 21-1-203 (2026)
Personal service dispensed with
✓ current as of May 2026
- (a) Personal service of process on the defendant in a court of chancery is dispensed with in the following cases:
- (1) When the defendant is a nonresident of this state;
- (2) When, upon inquiry at the defendant's usual place of abode, the defendant cannot be found so as to be served with process, and there is just ground to believe that the defendant is gone beyond the limits of the state;
- (3) When the sheriff makes return upon any leading process that the defendant is not to be found;
- (4) When the name of the defendant is unknown and cannot be ascertained upon diligent inquiry;
- (5) When the residence of the defendant is unknown and cannot be ascertained upon diligent inquiry;
- (6) When judicial and other attachments will lie, under this code, against the property of the defendant; and
- (7) When a domestic corporation has ceased to do business and has no known officers, directors, trustees or other legal representatives on whom personal service may be had.
- (b) To dispense with process in any of the cases listed in subsection (a), the facts shall be stated under oath in the bill, or by separate affidavit, or appear by the return.
Code, 1858, §§ 4352, 4353 (deriv. Acts 1787, ch. 22, § 1; 1801, ch. 6, § 14; 1833, ch. 15, § 1; 1833, ch. 47, § 3; 1835-1836, ch. 43, § 5; 1855-1856, ch. 164, § 2); Acts 1915, ch. 42; Shan., §§ 6162, 6163; Code 1932, §§ 10431, 10432; T.C.A. (orig. ed.), § 21-212; modified.
Notes of Decisions
Cited in 28
cases (6 in the last 5 years), 1984–2024 · leading case: Adoption Place, Inc. v. Doe, 273 S.W.3d 142 (Tenn. Ct. App. 2007).
Adoption Place, Inc. v. Doe, 273 S.W.3d 142 (Tenn. Ct. App. 2007). “1996), the Court of Appeals determined that the “diligent inquiry” language of Tenn.Code Ann. § 21-1-203 essentially codifies the constitutional due process standard that “actual notice is required if the interested party’s name and address are reasonably ascertainable.”
Wilson v. Blount Cnty., 207 S.W.3d 741 (Tenn. 2006). “Tennessee Code Annotated section 21-1-203 provides the following: (a) Personal service of process on the defendant in a court of chancery is dispensed with in the following cases: (1) When the defendant is a nonresident of this state; (2) When, upon inquiry at the defendant’s…”
Kevin Turner v. Stephanie D. Turner, 473 S.W.3d 257 (Tenn. 2015). ““diligent inquiry” language of Tennes: see Code Annotated section 21-1-203 essentially codifies the constitutional due process standard that “actual notice- is required if the interested party’s name and address are reasonably ascertainable”).”
Morrow v. Bobbitt, 943 S.W.2d 384 (Tenn. Ct. App. 1996). “The Freeman court concluded that the same due process standard is essentially codified at T.C.A. § 21-1-203 which dispenses with the requirements of actual notice and allows constructive notice to a party only after there has been a diligent inquiry to locate and notify that…”
Freeman v. City of Kingsport, 926 S.W.2d 247 (Tenn. Ct. App. 1996). “T.C.A. § 21-1-203 provides when pubhcation may substitute for personal service, and among the circumstances is “when the name of the defendant is unknown and cannot be ascertained upon diligent inquiry”.”
Lipscomb v. Doe, 32 S.W.3d 840 (Tenn. 2000). “§ 29-18-115(a)(4)-(5) (1980) (requiring the plaintiff to make "diligent inquiry" before allowing a person to be unknown so as to dispense with personal service of process in forcible entry and detainer actions); Tenn.Code Ann. § 21-1-203(a)(4)-(5) (1994) (requiring the plaintiff…”
Gibson v. Gibson, 364 S.E.2d 518 (Va. Ct. App. 1988). “Tenn. Code Ann. §§ 21-1-203 to 21-1-205 (1950, 1980 Repl.”
Watson v. Waters, 694 S.W.2d 524 (Tenn. Ct. App. 1984). “, governs the issuance and service of process and T.C.A. § 21-l-203(a) provides some seven exceptions to the requirement of personal service in chancery cases, none of which is applicable to the case at bar.”
Linda Owens v. Hamilton Cnty., Tennessee (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 21-1-203 (a). When the sheriff receives a summons, it is the sheriff’s duty to “execute and return .”
State of Tennessee Ex Rel. Barbara E. Catalano v. William R. Woodcock (Tenn. Ct. App. 2016). “See Tenn. Code Ann. § 21-1-203 (a)(1). In her motion for default judgment, Mother, acting through her divorce counsel, stated: “As a basis for this motion and in support thereof, wife [Mother] would state and show to the court that wife’s complaint for absolute divorce was filed…”
Stephanie D. Turner v. Kevin Turner (Tenn. Ct. App. 2014). “According to the Court: Given the woeful absence of information regarding the steps taken to identify the father provided in these affidavits and the record, this Court must conclude on this record that the preponderance of the evidence shows [the adoption agency] did not carry…”
Mageo v. Mays (M.D. Tenn. 2022). “13, 1993) (“We are of the opinion that Tenn. Code Ann. § 21-1-203 was enacted as a way to avoid having to personally serve certain parties when the chancery court otherwise had jurisdiction over the thing in controversy.”
— Tenn. Code Ann. § 21-1-203(a) — 6 cases
Adoption Place, Inc. v. Doe, 273 S.W.3d 142 (Tenn. Ct. App. 2007). “1996), the Court of Appeals determined that the “diligent inquiry” language of Tenn.Code Ann. § 21-1-203 essentially codifies the constitutional due process standard that “actual notice is required if the interested party’s name and address are reasonably ascertainable.”
Wilson v. Blount Cnty., 207 S.W.3d 741 (Tenn. 2006). “Tennessee Code Annotated section 21-1-203 provides the following: (a) Personal service of process on the defendant in a court of chancery is dispensed with in the following cases: (1) When the defendant is a nonresident of this state; (2) When, upon inquiry at the defendant’s…”
Freeman v. City of Kingsport, 926 S.W.2d 247 (Tenn. Ct. App. 1996). “T.C.A. § 21-1-203 provides when pubhcation may substitute for personal service, and among the circumstances is “when the name of the defendant is unknown and cannot be ascertained upon diligent inquiry”.”
Stephanie D. Turner v. Kevin Turner (Tenn. Ct. App. 2014). “According to the Court: Given the woeful absence of information regarding the steps taken to identify the father provided in these affidavits and the record, this Court must conclude on this record that the preponderance of the evidence shows [the adoption agency] did not carry…”
Linda Owens v. Hamilton Cnty., Tennessee (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 21-1-203 (a). When the sheriff receives a summons, it is the sheriff’s duty to “execute and return .”
— Tenn. Code Ann. § 21-1-203(a)(1) — 1 case
Aziza Kljajic v. Mirzet Kljajic (Tenn. Ct. App. 2003).
— Tenn. Code Ann. § 21-1-203(a)(3) — 2 cases
Wilson v. Blount Cnty., 207 S.W.3d 741 (Tenn. 2006). “Tennessee Code Annotated section 21-1-203 provides the following: (a) Personal service of process on the defendant in a court of chancery is dispensed with in the following cases: (1) When the defendant is a nonresident of this state; (2) When, upon inquiry at the defendant’s…”
Linda Owens v. Hamilton Cnty., Tennessee (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 21-1-203 (a). When the sheriff receives a summons, it is the sheriff’s duty to “execute and return .”
— Tenn. Code Ann. § 21-1-203(a)(4) — 1 case
Lipscomb v. Doe, 32 S.W.3d 840 (Tenn. 2000). “§ 29-18-115(a)(4)-(5) (1980) (requiring the plaintiff to make "diligent inquiry" before allowing a person to be unknown so as to dispense with personal service of process in forcible entry and detainer actions); Tenn.Code Ann. § 21-1-203(a)(4)-(5) (1994) (requiring the plaintiff…”
— Tenn. Code Ann. § 21-1-203(a)(5) — 1 case
Stephanie D. Turner v. Kevin Turner (Tenn. Ct. App. 2013).
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