Jim Sanders v. AM Used Auto Parts, LLC

This case concerns service of process on an out-of-state defendant’s registered agent by
mail and a subsequently entered default judgment in the general sessions court. The
defendant moved under Tenn. R. Civ. P. 60.02 to set aside the default judgment based on
insufficient service of process. The defendant also asserted that the default judgment was
void because the general sessions court awarded a judgment greater than the amount prayed
for in the summons. The circuit court found service was valid and upheld the default
judgment in all respects. We agree that service was sufficient and could serve as a basis
for default judgment under Tenn. Code Ann. § 16-15-904(e); however, we reduce the
amount of the judgment to conform with the amount the plaintiff requested in the summons.
The trial court’s judgment is affirmed as modified.