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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I live in TN but work out of town during the weekdays as a

Customer Question

I live in TN but work out of town during the weekdays as a consultant. The sheriff has been trying to serve process regarding a KY court, which my lawyer says has no jurisdiction, for a couple months. A neighbor called and said the sheriff has taped a notice over the keyhole to enter my unit and taped a second notice to the door of my mailbox which is obviously in a group with other mailboxes. Is this legal?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel. The TN Rules of Civil Procedure which you can read at this link state in part the following:

RULE 4.04: SERVICE UPON DEFENDANTS WITHIN THE STATE.

The plaintiff shall furnish the person making the service with such copies of the summons and complaint as are necessary. Service shall be made as follows:

(1) Upon an individual other than an unmarried infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally, or if he or she evades or attempts to evade service, by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served.

Therefore, if no one at your regular residence or "usual place of abode" accepted the service and it was merely taped to your door and/or a cluster mailbox, I suggest it is improper service as per the Rules of Procedure.

Customer: replied 1 year ago.
The question did not pertain to service of process which is what the lawyer answered. The question pertained to "notice" the sheriff left and if it was illegal to tape notice to mailbox.
Expert:  Sam replied 1 year ago.

Thank you. What is the Notice the Sheriff left? If something is taped to your door and/or mailbox it is more than likely the Summons Notice. Do you know it is something different? And your question was "Is this Legal?" If it is not about the process of service then I apologize I have misunderstood - what is the question of "is this legal" pertaining to?

Expert:  Sam replied 1 year ago.

Yes, anyone can tape anything to a mailbox. They just cannot place anything inside a mailbox. Out side of a mailbox is fair game. I apologize again that I mis understood the question. Thank you.

Expert:  Sam replied 1 year ago.

It also is not illegal for anyone to tape something to the door of a residence. Unless you have NO TRESPASSING signs up - then you may have a basis for a criminal charge to be filed.