Tennessee Code Annotated
Tenn. Code Ann. § 67-5-2415 (2026)
Notice to taxpayer of suit
✓ current as of May 2026
- (a) The court shall have jurisdiction to award personal judgment against an owner upon the claim for the debt upon determining that proper process has been served upon such owner. The court shall have jurisdiction to award a judgment enforcing the lien by a sale of the parcel upon determining that any the following actions have occurred as to each owner:
- (1) That proper process has been served upon an owner;
- (2) That the owner has actual notice of the proceedings by mail or otherwise; or
- (3) That constructive notice by publication pursuant to §§ 21-1-203 and 21-1-204, except as modified in this section, utilizing a description of the parcel in accord with § 67-5-2502(a)(1), has been given to unborn, unfound and unknown owners and that the plaintiff has made or will make a diligent effort prior to the confirmation of the sale of the parcel to give actual notice of the proceedings to persons owning an interest in the parcel, as identified by the searches described in § 67-5-2502(c)(2).
- (b) Notice shall also be sufficient if received by an owner in time to afford the owner a reasonable period to prevent the loss of owner's interest in the parcel. Such loss shall be deemed to occur upon the expiration or termination of the redemption period established by part 27 of this chapter.
- (c) Notice of the pendency of the proceedings as to a parcel constitutes notice of the pending sale of the parcel and vice versa.
- (d) If process is to be served upon a defendant, the defendant does not have to receive a copy of the complaint or exhibits. The plaintiff may in lieu thereof furnish to the defendant a notice identifying the proceedings sufficiently for the defendant to determine the parcel which is subject to the delinquent taxes for which the defendant is being sued.
- (e) A defendant may file a pleading alleging specific facts establishing any of the following defenses:
- (1) That the parcel is not subject to sale for the taxes;
- (2) That the taxes have been paid; or
- (3) That there has been substantial noncompliance with mandatory statutory provisions relating to the proceedings.
- (f) Process may be served either by an authorized process server or forwarded by certified or registered mail, return receipt requested, or by any alternative delivery service as authorized by Section 7502 of the Internal Revenue Code (26 U.S.C. § 7502).
- (g) The return of the receipt signed by the defendant, spouse, or other person deemed appropriate to receive summons or notice as provided for in the Rules of Civil Procedure, or its return marked "refused", "unclaimed", or other similar notation, as evidenced by appropriate notation of such fact by the postal authorities, and filed as a part of the record by the clerk shall be evidence of actual notice and shall be grounds for a default judgment. Process and notices delivered by registered or certified mail or by an alternative delivery service, with a return receipt, to an interested party's registered agent at the agent's address or to the address of the interested party, each as shown on the corporate records of a state secretary of state or other officer responsible for maintaining such records, shall be sufficient to bind the interested party as to notices and service of process. The phrase "appropriate notation of such fact by postal authorities" as used in this subsection (g), includes tracking records located on the website of the delivery service. If a copy of the tracking records is filed with the clerk confirming the delivery, the filing of the return receipt is not required.
- (h) Prior to confirming the sale of a parcel, the court shall determine that a diligent effort has been made to give actual notice of the proceedings to all interested persons, as identified by the searches described in § 67-5-2502(c)(2).
Amended by 2024 Tenn. Acts, ch. 967,s 29, eff. 5/21/2024.
Amended by 2017 Tenn. Acts, ch. 198, s 1, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 414, s 10, eff. 5/8/2015.
Amended by 2014 Tenn. Acts, ch. 883, s 8, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 353, s 15, eff. 5/13/2013.
Acts 1923, ch. 77, § 8; Shan. Supp., § 913b17; Code 1932, § 1951; Acts 1935, ch. 114, § 1; C. Supp. 1950, § 1591; Acts 1972, ch. 503, § 2; 1973, ch. 296, § 3; 1978, ch. 869, §§ 4, 6-8; 1981, ch. 125, § 1; 1983, ch. 307, § 1; T.C.A. (orig. ed.), § 67-2012; Acts 1984, ch. 661, § 2; 1985, ch. 289, § 1; 1986, ch. 703, §§ 1, 2; 2012 , ch. 979, § 1.
Notes of Decisions
Cited in 17
cases (5 in the last 5 years), 1996–2026 · leading case: Wilson v. Blount Cnty., 207 S.W.3d 741 (Tenn. 2006).
Wilson v. Blount Cnty., 207 S.W.3d 741 (Tenn. 2006). “Tenn.Code Ann. § 67-5-2415 (2003). Section 67-5-2415 contemplates three methods for service of process in tax hen suits: personal service, service by mail, or constructive service.”
Morrow v. Bobbitt, 943 S.W.2d 384 (Tenn. Ct. App. 1996). “Hill further contends that when the non-possessory owners failed to file such' a declaration they waived any right to notice of the tax sale as well as to notice of the suit for delinquent taxes as mandated by T.C.A. § 67-5-2415. 2 On appeal, Plaintiffs abandon their original…”
Freeman v. City of Kingsport, 926 S.W.2d 247 (Tenn. Ct. App. 1996). “” T.C.A. § 67-5-2415 does provide that a notice in lieu of a copy of the complaint and exhibit may accompany the summons.”
Sunburst Bank v. Patterson, 971 S.W.2d 1 (Tenn. Ct. App. 1997). “(c)(1) Any person claiming an interest in taxable real property who is not in possession of that property shall be deemed to have waived any right to notice provided by § 67-5-2415 or this section unless such *4 person shall file a statement declaring such interest with the…”
Bullington v. Greene Cnty., 88 S.W.3d 571 (Tenn. Ct. App. 2002). “(c)(1) Any person claiming an interest in taxable real property who is not in possession of that property shall be deemed to have waived any right to notice provided by § 67-5-2415 or this section unless such person shall file a statement declaring such interest with the…”
Linda Owens v. Hamilton Cnty., Tennessee (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 67-5-2415 (a), (b), (d), (e).”
Lamar C. Pell v. The City of Chattanooga (Tenn. Ct. App. 2000). “**** T.C.A. § 67-5-2415 (emphasis added). This statutory procedure for service of process by mail in lieu of personal service upon a defendant is authorized by T.”
State of Tennessee Ex Rel. Sullivan Cnty. Tennessee v. Amy S. Tochev (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 67-5-2415 . Similarly, section 67-5-2502 governs notice to taxpayers of judicial tax sales.”
Smith v. Gregory, 253 S.W.3d 175 (Tenn. Ct. App. 2007). “Tenn.Code Ann. § 67-5-2415. It is undisputed that Blount County did not attempt to serve the record owners of the Choto Hills Property by certified or registered mail.”
Moody v. Foster (M.D. Tenn. 2021). “2006), the Tennessee Supreme Court addressed whether a county had provided effective service to a property owner in tax lien proceedings, under Tenn. Code Ann. § 67-5-2415 . The statute at issue provides three means of service: service by personal service of process, “actual…”
Crockett Cnty. v. Farhad Motamedi v. Michael Moore (Tenn. Ct. App. 2024). “] Tenn. Code Ann. § 67-5-2415 (a). Tennessee Code Annotated § 67-5-2502(c) defines “diligent effort to give actual notice of the proceedings” as follows: (1)(A) [A] reasonable effort to give notice which is reasonably calculated, under all the circumstances and conditions, to…”
Dennis Wilson v. Blount Cnty., Tennessee Darrell McEachron & Danny K. Carrigan (Tenn. Ct. App. 2005). “As an affirmative defense, Blount County pled Tenn. Code Ann. §67-5-2415 (d) which allowed constructive service of process.”
— Tenn. Code Ann. § 67-5-2415(a) — 1 case
Crockett Cnty. v. Farhad Motamedi v. Michael Moore (Tenn. Ct. App. 2024). “] Tenn. Code Ann. § 67-5-2415 (a). Tennessee Code Annotated § 67-5-2502(c) defines “diligent effort to give actual notice of the proceedings” as follows: (1)(A) [A] reasonable effort to give notice which is reasonably calculated, under all the circumstances and conditions, to…”
— Tenn. Code Ann. § 67-5-2415(b) — 1 case
Wilson v. Blount Cnty., 207 S.W.3d 741 (Tenn. 2006). “Tenn.Code Ann. § 67-5-2415 (2003). Section 67-5-2415 contemplates three methods for service of process in tax hen suits: personal service, service by mail, or constructive service.”
— Tenn. Code Ann. § 67-5-2415(d) — 1 case
Freeman v. City of Kingsport, 926 S.W.2d 247 (Tenn. Ct. App. 1996). “” T.C.A. § 67-5-2415 does provide that a notice in lieu of a copy of the complaint and exhibit may accompany the summons.”
— Tenn. Code Ann. § 67-5-2415(e) — 1 case
Wilson v. Blount Cnty., 207 S.W.3d 741 (Tenn. 2006). “Tenn.Code Ann. § 67-5-2415 (2003). Section 67-5-2415 contemplates three methods for service of process in tax hen suits: personal service, service by mail, or constructive service.”
— Tenn. Code Ann. § 67-5-2415(e)(1) — 2 cases
Lamar C. Pell v. The City of Chattanooga (Tenn. Ct. App. 2000). “**** T.C.A. § 67-5-2415 (emphasis added). This statutory procedure for service of process by mail in lieu of personal service upon a defendant is authorized by T.”
State of Tennessee Ex Rel. Sullivan Cnty. Tennessee v. Amy S. Tochev (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 67-5-2415 . Similarly, section 67-5-2502 governs notice to taxpayers of judicial tax sales.”
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