Tennessee Affidavit of Service

IN THE [________________________________] COURT FOR [________________________________] COUNTY, TENNESSEE

☐ Circuit Court
☐ Chancery Court
☐ General Sessions Court

[________________________________] Judicial District

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Docket No.: [________________________________]

AFFIDAVIT OF SERVICE

I. AFFIANT IDENTIFICATION

1. My full legal name is [________________________________].

2. My date of birth is [__/__/____], and I am [____] years of age.

3. My residential address is: [________________________________].

4. My business address is: [________________________________].

5. My telephone number is: [________________________________].

6. My email address is: [________________________________].

7. I am competent to testify to the matters stated herein and have personal knowledge of all facts set forth in this Affidavit.

8. I am not a party to the above-captioned action, nor am I an officer, director, or employee of any party, and I have no financial or personal interest in the outcome of this litigation.

II. AUTHORITY TO SERVE PROCESS

I am authorized to serve process in the State of Tennessee based on the following (select all that apply):

☐ I am a sheriff or deputy sheriff of [________________________________] County, Tennessee.

☐ I am a constable duly authorized under Tennessee law.

☐ I am a private process server, 18 years of age or older and not a party to this action, authorized to serve process pursuant to Tenn. R. Civ. P. 4.02.

☐ I am a person specially appointed by the court to serve process in this action, pursuant to the Order dated [__/__/____].

☐ I am a competent adult, 18 years of age or older, who is not a party to this action, serving process pursuant to Tenn. R. Civ. P. 4.02.

☐ I am serving process by mail pursuant to Tenn. R. Civ. P. 4.04(10).

III. DOCUMENTS SERVED

I was provided with and served the following documents in this matter (the "Service Documents"):

☐ Summons
☐ Complaint
☐ Amended Complaint
☐ Third-Party Complaint
☐ Cross-Claim
☐ Counterclaim
☐ Motion: [________________________________]
☐ Order to Show Cause dated [__/__/____]
☐ Subpoena
☐ Notice of Hearing dated [__/__/____]
☐ Writ of Execution
☐ Writ of Garnishment
☐ Detainer Warrant
☐ Other: [________________________________]
☐ Other: [________________________________]

Total number of pages served: [____]

IV. PERSON TO BE SERVED

Name of person / entity to be served: [________________________________]

Capacity (select one):
☐ Individual Defendant
☐ Registered Agent for [________________________________]
☐ Officer or Managing Agent of [________________________________]
☐ Chief Agent in the County Wherein the Action Is Brought
☐ Agent Authorized by Appointment to Receive Service
☐ Agent Authorized by Law to Receive Service
☐ Secretary of State (pursuant to Tenn. Code Ann. § 20-2-215)
☐ Guardian or Conservator
☐ Other: [________________________________]

V. SERVICE METHOD, DATE, TIME, AND LOCATION

A. Personal Service — Tenn. R. Civ. P. 4.04(1)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Central Time), I personally delivered true and correct copies of the Service Documents to [________________________________] at the following location:

Address: [________________________________]
City: [________________________________], Tennessee [____]

The person served:
☐ Verbally confirmed their identity as the person named above.
☐ Was identified by me through prior personal knowledge.
☐ Was identified through: [________________________________].
☐ Refused to identify themselves but matched the physical description provided.

B. Substitute Service — Leaving at Dwelling House — Tenn. R. Civ. P. 4.04(1)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Central Time), after exercising due diligence and being unable to personally serve the defendant, I left true and correct copies of the Service Documents at the defendant's dwelling house or usual place of abode with the following person of suitable age and discretion then residing therein:

Name of person served: [________________________________]
Relationship to defendant: [________________________________]
Approximate age of person served: [____]
Address of dwelling: [________________________________]

☐ I informed this person of the general nature of the documents.
☐ I also mailed copies of the Service Documents to the defendant at the same address by first-class mail, postage prepaid, on [__/__/____].

C. Service on Spouse — Tenn. R. Civ. P. 4.04(1)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Central Time), I delivered true and correct copies of the Service Documents to [________________________________], the spouse of the defendant, who resides at the same dwelling house or usual place of abode as the defendant:

Address of shared dwelling: [________________________________]

Note: Under Tenn. R. Civ. P. 4.04(1), the defendant's spouse residing in the same dwelling may receive service on behalf of the defendant.

D. Service on Agent — Corporation / Entity — Tenn. R. Civ. P. 4.04(4)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Central Time), I delivered true and correct copies of the Service Documents to [________________________________], who is:

☐ An officer of the corporation.
☐ A managing agent of the corporation.
☐ The chief agent in the county wherein the action is brought.
☐ The registered agent for service of process (Tenn. Code Ann. § 48-15-110).
☐ An agent authorized by appointment or by law to receive service.
☐ A partner, member, or managing member of a partnership/LLC.

Address of service: [________________________________]

E. Service on Government Entity — Tenn. R. Civ. P. 4.04(5)–(7)

☐ On [__/__/____], I delivered true and correct copies of the Service Documents as follows:

☐ State of Tennessee: Served upon the Attorney General of Tennessee, or an assistant, at the Office of the Attorney General, Nashville, Tennessee (Rule 4.04(5)).

☐ County: Served upon the county mayor or chair of the county legislative body of [________________________________] County (Rule 4.04(6)).

☐ Municipality: Served upon the chief executive officer of [________________________________] (Rule 4.04(7)).

F. Service by Certified Mail — Tenn. R. Civ. P. 4.04(10)

☐ On [__/__/____], I caused to be mailed true and correct copies of the Service Documents by certified mail, return receipt requested, to the following address:

Address: [________________________________]

USPS Tracking Number: [________________________________]
Date Mailed: [__/__/____]
Date Delivery Confirmed / Receipt Signed: [__/__/____]
Name of Person Who Signed Receipt: [________________________________]

☐ The signed green card (USPS Form 3811) is attached hereto as Exhibit A.
☐ Electronic delivery confirmation is attached hereto as Exhibit A.
☐ The certified mail was returned showing: ☐ Refused ☐ Unclaimed ☐ Undeliverable

Note: Under Tenn. R. Civ. P. 4.04(10), service by mail is complete upon the return of the return receipt signed by the defendant or a person designated by Rule 4.04 or by statute. The original summons, endorsed by the person making service, an affidavit of compliance, and the return receipt must be filed with the clerk.

G. Service by Publication — Tenn. R. Civ. P. 4.08

☐ Pursuant to the Order of this Court dated [__/__/____] authorizing service by publication, the Service Documents were published in:

Name of Newspaper: [________________________________]
City/Region of Circulation: [________________________________]

Publication Dates:

1. [__/__/____]
2. [__/__/____]
3. [__/__/____]
4. [__/__/____]

☐ Publication was made once a week for four consecutive weeks as required by Tenn. R. Civ. P. 4.08(2).
☐ The last publication date was [__/__/____].
☐ The Affidavit of Publication from the newspaper is attached hereto as Exhibit B.
☐ A copy was mailed to the defendant's last known address on [__/__/____] as required by Tenn. R. Civ. P. 4.08(3).

H. Service on Secretary of State — Tenn. Code Ann. § 20-2-215

☐ On [__/__/____], I served true and correct copies of the Service Documents on the Secretary of State of Tennessee as agent for the defendant pursuant to Tenn. Code Ann. § 20-2-215 (nonresident / long-arm statute).

☐ The Secretary of State forwarded copies to the defendant by registered or certified mail at the defendant's last known address: [________________________________].

I. Service Upon Defendant Outside Tennessee — Tenn. R. Civ. P. 4.05

☐ On [__/__/____], service was made outside the State of Tennessee pursuant to Tenn. R. Civ. P. 4.05 by the following method:

☐ Personal service by a person authorized to serve process in the jurisdiction where service was made.
☐ Certified mail, return receipt requested.
☐ Other method authorized by law: [________________________________].

Jurisdiction where service was made: [________________________________]

J. Service by Other Court-Authorized Method

☐ Pursuant to the Order of this Court dated [__/__/____], I served the Service Documents by the following alternative method:

[________________________________]
[________________________________]

VI. DESCRIPTION OF PERSON ACTUALLY SERVED

(Complete for personal service or substitute service)

Name: [________________________________]
Sex: [________________________________]
Approximate Age: [____]
Race/Ethnicity: [________________________________]
Height: [____] ft. [____] in.
Weight: approximately [____] lbs.
Hair Color/Style: [________________________________]
Eye Color: [________________________________]
Facial Hair: [________________________________]
Glasses: ☐ Yes ☐ No
Other Identifying Features (tattoos, scars, etc.): [________________________________]

VII. NON-SERVICE / DUE DILIGENCE REPORT

(Complete if service was not accomplished or if substitute/alternative service was used)

I made the following attempts to serve the defendant before completing service by the method described above or before returning the documents unserved:

Additional investigative steps taken:
[________________________________]
[________________________________]

☐ Service could not be completed. Documents are returned unserved for the following reason(s):
[________________________________]

VIII. FEES AND EXPENSES

IX. TIMELINESS AND COMPLIANCE

1. Service was completed within the time limits prescribed by the Tennessee Rules of Civil Procedure and any applicable court orders.

2. ☐ Service was completed within ninety (90) days after issuance of the summons, as required by Tenn. R. Civ. P. 4.01(3), or within any extension granted by the Court.

3. ☐ An extension of time for service was granted by order dated [__/__/____].

4. ☐ Service was completed pursuant to a court order permitting alternative service dated [__/__/____].

5. I exercised reasonable diligence and complied with all applicable rules, statutes, and court orders concerning the method, timing, and proof of service.

X. MILITARY STATUS DECLARATION

To the best of my knowledge, information, and belief, the person served:

☐ Is not currently on active duty with the United States Armed Forces as defined by the Servicemembers Civil Relief Act, 50 U.S.C. § 3931.
☐ Is currently on active duty with the United States Armed Forces.
☐ Military status could not be determined.

XI. AFFIANT'S DECLARATION

I, [________________________________], declare under oath that the foregoing statements are true and correct to the best of my knowledge, information, and belief. I understand that making a false statement in this Affidavit subjects me to prosecution for perjury under Tenn. Code Ann. § 39-16-702 (Class A misdemeanor) and potential civil sanctions, including contempt of court.

Further affiant sayeth naught.

XII. SIGNATURE AND NOTARIZATION

Executed on this [____] day of [________________________________], 20[____],
at [________________________________], Tennessee.

________________________________________
Signature of Affiant

________________________________________
Printed Name of Affiant

________________________________________
Title / Process Server Registration or Badge No. (if applicable)

________________________________________
Address

________________________________________
Telephone / Email

NOTARIAL ACKNOWLEDGMENT

STATE OF TENNESSEE )
) ss.
COUNTY OF [________________________________] )

Subscribed and sworn to (or affirmed) before me on this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

________________________________________
Notary Public for the State of Tennessee
My Commission Expires: [________________________________]

[NOTARIAL SEAL]

Note: Tennessee law requires all notaries to use an official seal as prescribed by the Secretary of State. The notarial certificate should comply with Tenn. Code Ann. § 66-22-110 if the county clerk requires a specific form.

XIII. ATTACHMENTS

☐ Exhibit A — Certified Mail Return Receipt (Green Card) / Electronic Delivery Confirmation
☐ Exhibit B — Affidavit of Publication
☐ Exhibit C — Court Order Authorizing Alternative / Substitute Service
☐ Exhibit D — Court Order Extending Time for Service
☐ Exhibit E — Photographs of Service Location
☐ Exhibit F — GPS Log / Time-Stamped Evidence
☐ Exhibit G — Copy of Service Documents Served
☐ Exhibit H — Fee Invoice / Expense Documentation
☐ Exhibit I — Prior Service Attempt Log / Investigative Notes
☐ Exhibit J — Other: [________________________________]

XIV. TENNESSEE-SPECIFIC RULES AND PRACTICE NOTES

1. Who May Serve: Under Tenn. R. Civ. P. 4.02, process may be served by the sheriff, a deputy sheriff, a constable, or any other person not a party who is at least 18 years of age and is designated by the court or authorized by statute to serve process. Private process servers are permitted.

2. 90-Day Service Deadline: Tenn. R. Civ. P. 4.01(3) requires service of the summons and complaint within 90 days of issuance. If service is not made within 90 days, the action may be dismissed without prejudice as to the unserved defendant, unless the plaintiff shows good cause for the failure.

3. Personal Service: Service upon an individual is accomplished by delivering a copy of the summons and complaint to the individual personally, or by leaving copies at the individual's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein, or by delivering copies to a duly authorized agent (Rule 4.04(1)).

4. Service on Spouse: Tenn. R. Civ. P. 4.04(1) permits service on the defendant's spouse if the spouse resides at the same dwelling house or usual place of abode.

5. Service on Corporations: Service on a domestic or foreign corporation doing business in Tennessee is made by delivering copies to an officer, a managing agent, the chief agent in the county wherein the action is brought, or any agent authorized by appointment or by law (Rule 4.04(4)). Registered agent service is governed by Tenn. Code Ann. § 48-15-110.

6. Service by Certified Mail: Tenn. R. Civ. P. 4.04(10) authorizes service on Tennessee residents by certified mail, return receipt requested. Service is complete upon the filing of the return receipt signed by the defendant or an authorized person. The person making service must endorse the original summons with the mailing date and return receipt date.

7. Proof of Service / Return: Under Tenn. R. Civ. P. 4.03, the person serving process must promptly make proof of service to the court, identifying the person served and describing the manner of service. The return must include the server's name and address.

8. Service by Publication: Tenn. R. Civ. P. 4.08 permits service by publication after a court order. Publication must be once a week for four consecutive weeks. A copy must also be mailed to the defendant's last known address at least 30 days before judgment.

9. Long-Arm Statute: Tenn. Code Ann. § 20-2-214 provides for jurisdiction over nonresidents. Service on nonresidents may be made through the Secretary of State under Tenn. Code Ann. § 20-2-215 by registered or certified mail.

10. Government Service: Service on the State of Tennessee is made upon the Attorney General (Rule 4.04(5)); on a county through the county mayor (Rule 4.04(6)); on a municipality through the chief executive officer (Rule 4.04(7)).

11. Filing Requirements: The original Affidavit of Service should be filed with the clerk and a copy served on all counsel of record as required by Tenn. R. Civ. P. 5.02.

12. Perjury Penalties: False statements in this Affidavit are subject to prosecution under Tenn. Code Ann. § 39-16-702 (perjury, Class A misdemeanor) and § 39-16-703 (aggravated perjury, Class D felony).

XV. SOURCES AND REFERENCES

• Tennessee Rules of Civil Procedure, Rules 4.01–4.09: https://www.tncourts.gov/courts/rules-civil-procedure
• Tenn. R. Civ. P. 4.04 — Service Upon Defendants Within the State: https://www.tncourts.gov/courts/rules-civil-procedure/rules/rules-civil-procedure-rules/rule-404-service-upon-defendants
• Tenn. Code Ann. § 20-2-214 — Long-Arm Statute
• Tenn. Code Ann. § 20-2-215 — Service on Secretary of State
• Tenn. Code Ann. § 39-16-702 — Perjury
• Tenn. Code Ann. § 48-15-110 — Service on Corporate Registered Agent
• Tennessee Secretary of State — Service of Process Filing Guide: https://sharetngov.tnsosfiles.com/sos/forms/fg-sop.pdf
• ServeNow — Tennessee Process Serving Rules: https://www.serve-now.com/resources/process-serving-laws/tennessee

This document is intended for use by licensed attorneys practicing in Tennessee. It does not constitute legal advice and should be customized to the specific facts and circumstances of each case. All statutory citations should be verified for current accuracy before filing.