Section 35-9-82

Service of writ or process.

It shall be the duty of the officer in whose hands the writ or process provided by section 35-9-81 may be placed to serve a copy of same at once on the defendant, together with notice that after the expiration of seven days, said officer will proceed with the execution of such writ or process. If the officer is unable to serve the defendant personally, service may be had by delivering the writ or process to any person who is sui juris residing on the premises, or if after reasonable effort no such person is found residing on the premises, by posting a copy of the writ or process on the door of the premises, and on the same day of such posting, or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of such person, shall mail a copy of the writ or process by enclosing, directing, stamping and mailing by first class mail a copy of the writ or process to the defendant at the mailing address of the premises and if there is no mailing address for the premises to the last known address, if any, of the defendant and making an entry of this action on the affidavit filed in the case and service of the notice by posting shall be complete as of the date of mailing said notice; and unless a counter affidavit, as provided by section 35-9-84, is filed with said officer within that time, it shall then be his duty to proceed forthwith to execute said writ or process.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §38; Acts 1990, No. 90-218, p. 255.)