Service of Process: Just Like in Hollywood (Part 2)

It’s a strange day when legal procedural issues get top billing on the Today Show… As you may have seen, Jason Sudeikis served his ex-Olivia Wilde with legal papers while she was, literally, on a public stage talking about her upcoming movie. The photos from the event show her, in real time, opening the packet and … Continue reading “Service of Process: Just Like in Hollywood (Part 2)”

A Service of Process challenge may not overcome your Judgment

Service of process is a hot issue in Tennessee law. The reason is obvious: Without proper service of process, any subsequent action taken in a case is void. Part of the reason service issues are coming up so frequently lately is the comparison between the 2009 economy and the 2019 economy. Judgment debtors have more … Continue reading “A Service of Process challenge may not overcome your Judgment”

New Court of Appeals Opinion revisits ineffective service of process issues in Tennessee

In March, I discussed the rapidly developing litigation in Tennessee debtor-creditor law about the failure of many process servers to comply with Tenn. Code Ann. § 16-15-901(b). In order to have valid service of process, this statute says: “The process server must be identified by name and address on the return.” Note: Here’s my post … Continue reading “New Court of Appeals Opinion revisits ineffective service of process issues in Tennessee”

Constructive Service of Process: Not as Good as the Real Thing

One of the most frustrating parts of a lawsuit can be service of process. I know exactly (generally) how long it takes to prepare and to file a Complaint, but, after it’s in the Sheriff’s or private process server’s hands for service, who knows how long that part will take? And, under current Tennessee law, … Continue reading “Constructive Service of Process: Not as Good as the Real Thing”

Double Check Your Served Summonses: Tennessee Legislature To Amend Service of Process Statute…Effective January 2020

A very terrifying issue has been circulating in Tennessee courts (well, terrifying to the Tennessee creditor’s rights bar) over the past year regarding service of process in Tennessee. It all relates to 13 very plain, unambiguous words: “The process server must be identified by name and address on the return.” That text is from Tenn. … Continue reading “Double Check Your Served Summonses: Tennessee Legislature To Amend Service of Process Statute…Effective January 2020”

Tennessee Supreme Court Changes Rule 4 on Service of Process

The Tennessee Supreme Court has issued four orders adopting amendments to various rules of procedure that will go into effect on July 1, subject to approval from the Tennessee General Assembly. These include changes to the rules of criminal procedure and evidence, but, today, I’m going to talk about how Tennessee Rule of Civil Procedure … Continue reading “Tennessee Supreme Court Changes Rule 4 on Service of Process”

Service of Process via Registered Agents can be Hard, where There is no Registered Agent

As strange as it seems, but some businesses go to great lengths to set up a proper corporate entity (i.e. a corporation, LLC, etc.) for their business, but they don’t appoint a registered agent for process. As you all know, a corporate entity must designate a person or entity to serve as a registered agent … Continue reading “Service of Process via Registered Agents can be Hard, where There is no Registered Agent”

Insufficient Service of Process Arguments May be Recognized Under Tennessee Law

Note: This post contains updated information after its original posting date. When it comes to creditor rights deficiency lawsuits, it’s rare that I see something new. Most defendants’ Answers to my lawsuits to collect unpaid debts follow the same pattern: They admit the jurisdictional/party paragraphs, claim they lack sufficient information on the amount of the … Continue reading “Insufficient Service of Process Arguments May be Recognized Under Tennessee Law”

Ineffective Service of Process Will Not Toll the Statute of Limitations in Tennessee: Act Fast in Obtaining (or Correcting) Service

Earlier this year, I wrote a blog post explaining that, under Tenn. R. Civ. P. 3, just because you filed a timely lawsuit, doesn’t mean that you don’t have statute of limitations issues–you have to also accomplish prompt and timely service of process. Recently, the Tennessee Court Appeals re-visited that issue in Kimberly Urban v. Robin … Continue reading “Ineffective Service of Process Will Not Toll the Statute of Limitations in Tennessee: Act Fast in Obtaining (or Correcting) Service”

Service of Process: Just Like the Movies

There’s a reason that there’s never been an epic movie about Bankruptcy lawyers: To the rest of the world, it’s not very exciting work. In fact, the only movie about it (that I know of) is Heart and Souls (1993), starring Robert Downey, Jr. as a creditor bankruptcy attorney who goes after struggling companies and … Continue reading “Service of Process: Just Like the Movies”