(a) Personal service of process on the defendant in a court of chancery is dispensed with in the following cases:

Terms Used In Tennessee Code 21-1-203

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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.
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