A constable in Tennessee is an elected county officer whose core job is serving legal process — subpoenas, summonses, writs, and court orders — and executing writs of possession in evictions. In counties that fall within specific population brackets listed in state law, constables also carry law enforcement authority, including the power to make arrests, execute warrants, and conduct traffic stops. Everywhere else, the role functions as a professional process server with no police powers.1Justia Law. Tennessee Code 8-10-108 – Oath of Office
Serving Legal Documents
Every Tennessee constable, regardless of county, is responsible for executing civil and criminal process lawfully directed to them. That means delivering subpoenas, summonses, writs, and court orders to the parties named in them.2Justia Law. Tennessee Code 8-10-111 – Duties The constable verifies the identity of the person being served, hands over the documents, and files proof of service with the court. Service can be in person, by mail, or by substituted methods when the person cannot be located directly.
Proper service matters because cases stall or get dismissed when documents are not delivered correctly. In many Tennessee counties, this is effectively the entire job.
Fees are set by statute. In-person service costs $50 per document per person served, service by mail or by acceptance costs $10, and delivery of a non-court notice from a private entity also costs $10.3Justia Law. Tennessee Code 8-21-901 – Sheriffs and Constables – Specific Fees Authorized The party requesting service — typically a private individual or an attorney — pays those fees.
Carrying Out Evictions
Tennessee law specifically authorizes constables to execute writs of possession, the court orders that physically remove a tenant or occupant from property after a successful eviction lawsuit. The writ is addressed to “the sheriff or any constable of the county” and commands the officer to restore the property to the plaintiff and remove the defendant.4Justia Law. Tennessee Code 29-18-127 – Form of Execution and Writ The constable may use the force of the county if necessary.
This is one area where constables fill a practical gap. Sheriff’s offices in busy counties often have backlogs on eviction writs, and constables who handle them efficiently are valued by landlords and property managers. The constable must follow the writ exactly as issued and return it to the court within 20 days, documenting how it was executed.
Law Enforcement Powers Depend on the County
Here is where the biggest misconception arises. Not every Tennessee constable is a law enforcement officer. The state grants police powers to constables only in counties whose population falls within specific ranges listed in the statute, measured against the 1960 federal census and any subsequent census. Fentress County and Hamblen County are named in the statute regardless of population.
Constables in those designated counties take an expanded oath that includes a duty to keep the peace, prevent crime, and make arrests. Constables in counties outside those brackets take a narrower oath limited to executing and returning process.1Justia Law. Tennessee Code 8-10-108 – Oath of Office If you want to know whether constables in your county carry police powers, you have to check whether your county’s population matches one of the listed brackets.
Arrests
Constables with law enforcement powers can make warrantless arrests under the same rules as any other Tennessee officer. An officer may arrest someone without a warrant for a public offense or breach of the peace committed in the officer’s presence, when the person has committed a felony even outside the officer’s presence, or when the officer has reasonable cause to believe the person committed a felony.5Justia Law. Tennessee Code 40-7-103 – Grounds for Arrest by Officer Without Warrant These constables may also conduct traffic stops, issue citations, carry firearms, and use force when making arrests.
Warrants
The authority to execute arrest warrants follows the same county-by-county structure. The statute listing who may execute a warrant names sheriffs, deputies, marshals, and police officers, then adds constables in counties matching a long list of population brackets.6Justia Law. Tennessee Code 40-6-210 – Person by Whom Executed Constables in those counties can execute bench warrants for defendants who fail to appear and capias warrants for individuals charged but not yet in custody.
Search warrants require probable cause and a description of the place to be searched and the property to be seized.7Justia Law. Tennessee Code 40-6-103 – Probable Cause and Affidavit Police departments and sheriff’s offices handle most of these in practice, though constables with law enforcement powers may assist, particularly in rural counties with fewer officers available.
Limits on Use of Force
Any constable exercising law enforcement powers has to follow Tennessee’s statutory limits on force. After identifying themselves as an officer, a constable may use force reasonably necessary to arrest someone who resists or flees. Deadly force is restricted to situations where all other reasonable means of apprehension have failed or are unavailable, and the officer has probable cause to believe the suspect committed a felony involving serious bodily injury or poses an immediate threat of serious bodily harm to the officer or others.8Justia Law. Tennessee Code 39-11-620 – Use of Deadly Force by a Law Enforcement Officer Where feasible, the officer must warn that deadly force will be used unless resistance or flight stops.
Constables who violate these standards face the same criminal and civil consequences as any other officer, including federal civil rights lawsuits for violations of clearly established constitutional rights.
How Constables Get Paid
Most Tennessee constables draw no salary from the county. Their income comes from the fees they charge for serving process and executing writs. The fee schedule is statutory: $50 for in-person service of a court document, $10 for service by mail, and $25 for a citation in lieu of arrest, among other set amounts.3Justia Law. Tennessee Code 8-21-901 – Sheriffs and Constables – Specific Fees Authorized Actual income varies widely depending on the county’s caseload and how actively the constable pursues available work.
Who Can Serve as Constable
A candidate for constable must be at least 21 years old, a qualified voter of the civil district, and a resident of the county for at least one year before the filing deadline.9Justia Law. Tennessee Code 8-10-102 – Qualifications for Office Anyone elected or appointed after July 1, 2011, must hold at least a high school diploma or equivalent credential.
A felony conviction in any federal or state court is a permanent disqualification. So is a military discharge that was anything other than honorable. Since July 2023, candidates must also submit a letter from a licensed psychologist confirming they are mentally and cognitively fit to serve. That letter and a sworn affidavit confirming all other requirements are filed with the county election commission alongside the nominating petition.
Ongoing Training
Every elected constable must complete 40 hours of in-service training during each 12-month period they hold office, starting from the date they are sworn in.10Justia Law. Tennessee Code 8-10-202 – Course Time Requirements The only exception is for constables who had accumulated 20 years of service before May 3, 2018.
Courses are developed and maintained by the Tennessee Constable Association, the Tennessee Constable Council, and the East Tennessee Constables Association. They cover civil and criminal process, firearms certification, and other topics relevant to constable duties, and are scheduled on nights and weekends.11Justia Law. Tennessee Code 8-10-201 – In-Service Education Constables generally pay for the training themselves unless state or local funds are available.
The training requirement has teeth. Constables who meet all requirements of the chapter retain the power of arrest,12Justia Law. Tennessee Code 8-10-204 – Requirements for Taking Office which implies that constables in law-enforcement counties who skip the annual hours put that authority at risk.