1 Whenever the law of this state permits service of any process, notice, or demand, upon a defendant outside the territorial limits of this state, the secretary of state may be served as the agent for that defendant. Service shall be made by delivering to the secretary of state the original and one copy of such process, notice, or demand, duly certified by the clerk of the court in which the suit or action is pending or brought, together with the proper fee. A statement that identifies the grounds for which service on the secretary of state is applicable must be included.
Rule 4B.Service Upon Secretary of State as Agent for Service of Process
Last amended July 1, 1998 · Last verified July 2, 2026
In one sentenceRule 4B lets a plaintiff serve an out-of-state defendant by delivering process to the Tennessee secretary of state, who forwards it to the defendant by certified mail and returns proof of that mailing to the court clerk once service is complete.
Full Text of Rule 4B
2 The secretary of state shall endorse the time of receipt upon the original and copy and immediately shall promptly send, postage prepaid, the certified copy by registered or certified return receipt mail to the defendant, along with a written notice that service was so made. If the defendant to be served is a corporation, the secretary of state shall send the copy, along with a written notice that service of the original was made, addressed to such corporation at its registered office or principal office as shown in the records on file in the secretary of state's office or as shown in the official registry of the state or country in which such corporation is incorporated. If none of the previously mentioned addresses is available to the secretary of state, service may be made on any one (1) of the incorporators at the address set forth in the charter. The secretary of state may require the plaintiff or the plaintiff's attorney to furnish the latter address.
3 In case it shall appear, either before or after the lodging of process as above provided that such nonresident is dead, then either original or alias process may issue hereunder directed to the personal representative of such nonresident deceased and shall be sent as herein provided to the court with probate jurisdiction for the county and state of the residence of the deceased at the time of the nonresident's death. No appearance need be made nor shall judgment be taken against such personal representative until the lapse of sixty (60) days from the date of mailing the process herein to such probate court. The procedure for mailing such process and proof of service thereof shall be as provided for service upon living persons.
4 The fee paid by plaintiff, when fact of payment is endorsed on the original process by the secretary of state, shall be taxed as plaintiff's cost, to abide the judgment.
5 Acceptance of such registered or certified mail by any member of the addressee's family, over the age of sixteen (16) years and residing in the same dwelling with him, shall constitute a sufficient delivery thereof to the addressee.
6 The refusal or failure of a defendant, or the defendant's agent, to accept delivery of the registered or certified mail provided for in subpart (1), or the refusal or failure to sign the return receipt, shall not affect the validity of such service; and any such defendant refusing or failing to accept delivery of such registered or certified mail shall be charged with knowledge of the contents of any process, notice, or demand contained therein.
7 When the registered or certified mail return receipt is received by the secretary of state or when a defendant refuses or fails to accept delivery of the registered or certified mail and it is returned to the secretary of state, the secretary of state shall forward the receipt or such refused or undelivered mail to the clerk of the court in which the suit or action is pending, together with the original process, notice, or demand, a copy of the notice sent to the defendant corporation and the secretary of state's affidavit setting forth his or her compliance with this Rule. Upon receipt thereof, the clerk shall copy the affidavit on the rule docket of the court and shall mark it, the receipt or refused or undelivered mail, and the copy of notice as of the day received and place them in the file of the suit or action where the process and pleadings are kept, and such receipt or refused or undelivered mail, affidavit, and copy of notice shall be and become a part of the technical record in the suit or action and thereupon service on the defendant shall be complete.
8 The secretary of state shall keep a record of all processes, notices, and demands served under this Rule, which record shall include the time of such service and the secretary of state's action with reference thereto.
Advisory Commission Comments
Amendment History
- Effective July 1, 1997.
- and amended by order effective July 1, 1998.
Plain-English Summary
Rule 4B applies whenever Tennessee law otherwise permits service on a defendant located outside the state — typically because the state’s long-arm statute reaches that defendant. Instead of serving the defendant directly, the plaintiff delivers the original and one copy of the process to the secretary of state, certified by the court clerk, along with the filing fee and a statement identifying the basis for using this method.
The secretary of state endorses the time of receipt and promptly forwards the process by registered or certified mail, return receipt requested, along with written notice that service has been made this way. A corporate defendant’s copy goes to its registered or principal office on file with the secretary of state; if none is available, it may go to an incorporator listed in the charter. If the nonresident defendant has died, the rule redirects the process to the deceased’s personal representative through the probate court with jurisdiction over the estate, giving that representative 60 days before any judgment can be taken.
Delivery is complete once the mail is accepted by the defendant or by a family member at least 16 years old who lives in the same household, and a defendant cannot defeat service by refusing the mail — refusal is itself treated as notice of the contents. Once the secretary of state receives the signed receipt, or the mail comes back refused or undelivered, that material is forwarded to the court clerk along with an affidavit of compliance, which becomes part of the court’s own record and completes service on the defendant.
Frequently Asked Questions
When can a plaintiff serve a defendant through the secretary of state instead of directly?
Whenever Tennessee law already permits service on that defendant outside the state’s territorial limits, most often because the defendant falls within the reach of Tennessee’s long-arm statute.
Can a defendant avoid service under Rule 4B by refusing the certified mail?
No. Rule 4B(6) provides that refusing or failing to accept the registered or certified mail does not affect the validity of service, and a defendant who refuses delivery is charged with knowledge of the contents.
What happens if the nonresident defendant has already died?
Rule 4B(3) redirects the process to the deceased’s personal representative, sent to the probate court with jurisdiction over the estate, and gives that representative 60 days before judgment can be entered.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 4B). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: service on the secretary of stateservice on nonresident defendantlong-arm service
Advisory Commission Comments.
Rule 4B is new. It is based upon Tenn. Code Ann. §§ 20-2-211 & 20-2-215. It is added to ensure that all general provisions for service of process are included in the Tennessee Rules of Civil Procedure. The amendment to the first sentence of the rule is technical. [1998.]