View Full Version : Who can serve a detainer warrents in Tennessee
dereckema15
Apr 27, 2012, 10:03 PM
If I am a certified police officer in Tennessee but I am not working as a police officer can I serve a detainer warrant as long as I am still certified in Tennessee as a police officer
AK lawyer
Apr 28, 2012, 07:08 AM
I would think a certified police officer would know the answer to that question; or at least where to find it.
"Tennessee Rules of Civil Procedure
§ 4.01. Summons; Issuance; By Whom Served
•Upon the filing of the complaint the clerk of the court wherein the complaint is filed shall forthwith issue the required summons and cause it, with necessary copies of the complaint and summons, to be delivered for service to any person authorized to serve process. This person shall serve the summons, and the return indorsed thereon shall be proof of the time and manner of service. A summons may be issued for service in any county against any defendant, and separate or additional summonses may be issued against any defendant upon request of plaintiff. Nothing in this rule shall affect existing laws with respect to venue.
•A summons and complaint may be served by any person who is not a party and is not less than 18 years of age. The process server must be identified by name and address on the return."
So the answer is that you don't have to be a certified police officer to serve process in Tennessee (unless detainer warrents (sic) are treated differently).
But be careful. A look at the Tennessee Code on the subject reveals some interesting things:
If you make your return of service with a pencil, you can be charged with a misdemeanor.
If you fail to make note of the date you received the process (in ink, presumably :)), you can be fined.
excon
Apr 28, 2012, 07:13 AM
Hello d:
Your certification doesn't make you a cop. Being hired by a police force does. Until then, you have NO MORE legal rights or authority than a guy like me does.
Besides, you raise more questions than I have answers... Why do YOU know about this warrant, but your local cops don't? Why don't you let THEM serve it? Is it PERSONAL?? If so, that'll get you into trouble. What are you going to do with them AFTER you arrest them/serve the warrant? Take them to jail? Are you sure the jail will take them?
What's a detainer warrant anyway? Are you talking about an unlawful detainer as in an eviction, or any other civil warrant??
excon