PROCESS SERVER CODE OF GEORGIA
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Title 9. Civil Practice
9-10-94. Service
A person subject to the jurisdiction of the courts of the state
under Code Section 9-10-91, or his executor or administrator, may be
served with a summons outside the state in the same manner as
service is made within the state by any person authorized to make
service by the laws of the state, territory, possession, or country
in which service is made or by any duly qualified attorney,
solicitor, barrister, or the equivalent in such jurisdiction.
(Ga. L. 1966, p. 343, § 3.)
9-11-4. Process.
- Summons -
Issuance.
Upon the filing of the complaint the clerk shall forthwith issue a
summons and deliver it for service. Upon request of the plaintiff
separate or additional summons shall issue against any defendants.
- Summons - Form.
The summons shall be signed by the clerk; contain the name of the
court and county and the names of the parties; be directed to the
defendant; state the name and address of the plaintiff's attorney,
if any, otherwise the plaintiff's address; and state the time within
which this chapter requires the defendant to appear and file
appropriate defensive pleadings with the clerk of the court, and
shall notify the defendant that in case of his failure to do so
judgment by default will be rendered against him for the relief
demanded in the complaint.
- Summons - By
whom served.
Process shall be served by the sheriff of the county where the
action is brought or where the defendant is found, or by his deputy,
or by the marshal or sheriff of the court, or by his deputy, or by
any citizen of the United States specially appointed by the court
for that purpose or by someone who is not a party and is not younger
than 18 years of age and has been appointed as a permanent process
server by the court in which the action is brought. Where the
service of process is made outside of the United States, after an
order of publication, it may be served either by any citizen of the
United States or by any resident of the country, territory, colony,
or province who is specially appointed by the court for that
purpose. When service is to be made within this state, the person
making such service shall make the service within five days from the
time of receiving the summons and complaint; but failure to make
service within the five-day period will not invalidate a later
service.
- Summons -
Personal service.
The summons and complaint shall be served together. The plaintiff
shall furnish the clerk of the court with such copies as are
necessary. Service shall be made by delivering a copy of the summons
attached to a copy of the complaint as follows:
- If the action is
against a corporation incorporated or domesticated under the laws of
this state or a foreign corporation authorized to transact business
in this state, to the president or other officer of the
corporation, secretary, cashier, managing agent, or other agent
thereof, provided that when for any reason service cannot be had
in such manner, the Secretary of State shall be an agent of such
corporation upon whom any process, notice, or demand may be served.
Service on the Secretary of State of any such process, notice, or
demand shall be made by delivering to and leaving with him or with
any other person or persons designated by the Secretary of State to
receive such service a copy of such process, notice, or demand,
along with a copy of the affidavit to be submitted to the court
pursuant to this Code section. The plaintiff or his attorney shall
certify in writing to the Secretary of State that he has forwarded
by registered mail such process, service, or demand to the last
registered office or agent listed on the records of the Secretary of
State, that service cannot be effected at such office, and that it
therefore appears that the corporation has failed either to maintain
a registered office or appoint a registered agent in this state.
Further, if it shall appear from such certification that there is a
last known address of a known officer of the corporation outside the
state, the plaintiff shall, in addition to and after such service
upon the Secretary of State, mail or cause to be mailed to the known
officer at the address by registered or certified mail a copy of the
summons and a copy of the complaint. Any such service by
certification to the Secretary of State shall be answerable not more
than 30 days from the date the Secretary of State receives such
certification;
- If the action is
against a foreign corporation or a nonresident individual,
partnership, joint-stock company, or association, doing business and
having a managing or other agent, cashier, or secretary within this
state, to such agent, cashier, or secretary or to an agent
designated for service of process;
- If against a
minor, to the minor, personally, and also to his father or his
mother or his guardian or his duly appointed guardian ad litem
(unless the minor is married, in which case service shall not be
made on the minor's father or his mother or his guardian);
- If against a
person residing within this state who has been judicially declared
to be of unsound mind or incapable of conducting his own affairs and
for whom a guardian has been appointed, to the person and also to
his guardian and, if there is no guardian appointed, then to his
duly appointed guardian ad litem;
- If against a
county, municipality, city, or town, to the chairman of the board of
commissioners, president of the council of trustees, mayor or city
manager of the city or to an agent authorized by appointment to
receive service of process. If against any other public body or
organization subject to an action, to the chief executive officer or
clerk thereof;
- If the principal
sum involved is less than $200.00 and if reasonable efforts have
been made to obtain personal service by attempting to find some
person residing at the most notorious place of abode of the
defendant, then by securely attaching the service copy of the
complaint in a conspicuously marked and waterproof packet to the
upper part of the door of the abode and on the same day mailing by
certified or registered mail an additional copy to the defendant at
his last known address, if any, and making an entry of this action
on the return of service; or
- In all other
cases to the defendant personally, or by leaving copies thereof at
his dwelling house or usual place of abode with some person of
suitable age and discretion then residing therein, or by
delivering a copy of the summons and complaint to an agent
authorized by appointment or by law to receive service of process.
- Summons - Other service.
- Service by Publication.
- General. When
the person on whom service is to be made resides outside the state,
or has departed from the state, or cannot, after due diligence, be
found within the state, or conceals himself to avoid the service of
the summons, and the fact shall appear, by affidavit, to the
satisfaction of the judge or clerk of the court, and it shall
appear, either by affidavit or by a verified complaint on file, that
a claim exists against the defendant in respect to whom the service
is to be made, and that he is a necessary or proper party to the
action, the judge or clerk may grant an order that the service be
made by the publication of summons, provided that when the affidavit
is based on the fact that the party on whom service is to be made
resides outside the state, and the present address of the party is
unknown, it shall be a sufficient showing of such fact if the
affiant shall state generally in the affidavit that at a previous
time such person resided outside this state in a certain place
(naming the place and stating the latest date known to affiant when
the party so resided there); that such place is the last place in
which the party resided to the knowledge of affiant; that the party
no longer resides at the place; that affiant does not know the
present place of residence of the party or where the party can be
found; and that affiant does not know and has never been informed
and has no reason to believe that the party now resides in this
state; and, in such case, it shall be presumed that the party still
resides and remains outside the state, and the affidavit shall be
deemed to be a sufficient showing of due diligence to find the
defendant. This Code section shall apply to all manner of civil
actions, including those for divorce.
- Property. In any
action which relates to, or the subject of which is, real or
personal property in this state in which any defendant, corporate or
otherwise, has or claims a lien or interest, actual or contingent,
or in which the relief demanded consists wholly or in part of
excluding such defendant from any interest therein, where the
defendant resides outside the state or has departed from the state,
or cannot, after due diligence, be found within the state, or
conceals himself to avoid the service of summons, the judge or clerk
may make an order that the service be made by publication of
summons. The service by publication shall be made in the same manner
as provided in all cases of service by publication.
- Publication.
When the court orders service by publication, the clerk shall cause
the publication to be made in the paper in which sheriff's
advertisements are printed, four times within the ensuing 60 days,
publications to be at least seven days apart. The party obtaining
the order shall, at the time of filing, deposit the cost of
publication. The published notice shall contain the name of the
parties plaintiff and defendant, with a caption setting forth the
court, the character of the action, the date the action was filed,
the date of the order for service by publication, and a notice
directed and addressed to the party to be thus served, commanding
him to file with the clerk and serve upon the plaintiff's attorney
an answer within 60 days of the date of the order for service by
publication and shall bear teste in the name of the judge and shall
be signed by the clerk of the court. Where the residence or abiding
place of the absent or nonresident party is known, the party
obtaining the order shall advise the clerk thereof; and it shall be
the duty of the clerk, within 15 days after filing of the order for
service by publication, to enclose, direct, stamp, and mail a copy
of the notice, together with a copy of the order for service by
publication and complaint, if any, to the party named in the order
at his last known address, if any, and make an entry of this action
on the complaint or other pleadings filed in the case. The copy of
the notice to be mailed to the nonresident shall be a duplicate of
the one published in the newspaper but need not necessarily be a
copy of the newspaper itself. When service by publication is
ordered, personal service of a copy of the summons, complaint, and
order of publication outside the state in lieu of publication shall
be equivalent to serving notice by publication and to mailing when
proved to the satisfaction of the judge or otherwise. The defendant
shall have 30 days from the date of such personal service outside
the state in which to file defensive pleadings.
- Personal service
outside the state. Personal service outside the state upon a natural
person may be made:
- in any action
where the person served is a resident of this state, and
- in any action
affecting specific real property or status, or in any other
proceeding in rem without regard to the residence of the person
served. When such facts shall appear, by affidavit, to the
satisfaction of the court and it shall appear, either by affidavit
or by a verified complaint on file, that a claim is asserted against
the person in respect to whom the service is to be made, and that he
is a necessary or proper party to the action, the court may grant an
order that the service be made by personal service outside the
state. Such service shall be made by delivering a copy of the
process together with a copy of the complaint in person to the
persons served.
- Territorial
limits of effective service.
All process may be served anywhere within the territorial limits of
the state and, when a statute so provides, beyond the territorial
limits of the state.
- Return.
The person serving the process shall make proof of service
thereof to the court promptly and, in any event, within the time
during which the person served must respond to the process.
Proof of service shall be as follows:
- If served by a
sheriff or marshal, or his deputy, the affidavit or certificate of
the sheriff, marshal, or deputy;
- If by any other
proper person, his affidavit thereof;
- In case of
publication, the certificate of the clerk of court certifying to the
publication and mailing; or
- The written
admission or acknowledgment of service by the defendant.
In case of service otherwise than by publication, the certificate or
affidavit shall state the date, place, and manner of service.
Failure to make proof of service shall not affect the validity of
the service.
- Amendment.
At any time in its discretion and upon such terms as it deems just,
the court may allow any process or proof of service thereof to be
amended, unless it clearly appears that material prejudice would
result to the substantial rights of the party against whom the
process issued.
- Alternative
service.
The methods of service provided in this Code section are cumulative
and may be utilized with, after, or independently of other methods
of service. Whenever a statute provides for another method of
service, service may be made under the circumstances and in the
manner prescribed by the statute or under any other methods
prescribed in this Code section. The provisions for service by
publication provided in this Code section shall apply in any action
or proceeding in which service by publication may be authorized by
law; and, where by law special provision is made for service by
publication, the procedure for such service by publication provided
in this Code section may be utilized in lieu thereof. In all cases
or special proceedings where the requirements or procedure for
service, or both, are not prescribed by law and in any situation
where the provisions therefor are not clear or certain, the court
may prescribe service according to the exigencies of each case,
consistent with the Constitution.
- Service in
probate courts and special statutory proceedings.
The methods of service provided in this Code section may be used as
alternative methods of service in proceedings in the probate courts
and in any other special statutory proceedings and may be used with,
after, or independently of the method of service specifically
provided for in any such proceeding; and, in any such proceeding,
service shall be sufficient when made in accordance with the
statutes relating particularly to the proceeding or in accordance
with this Code section.
(Ga. L. 1966, p. 609, § 4; Ga. L. 1967, p. 226, §§ 1-3, 51; Ga. L.
1968, p. 1036, § 1; Ga. L. 1968, p. 1104, §§ 1, 2; Ga. L. 1969, p.
487, § 1; Ga. L. 1972, p. 689, §§ 1-3; Ga. L. 1980, p. 1124, § 1;
Ga. L. 1982, p. 3, § 9; Ga. L. 1984, p. 22, § 9; Ga. L. 1989, p.
364, § 1; Ga. L. 1991, p. 626, § 1; Ga. L. 1993, p. 91, § 9.)
24-10-23.
Service of subpoenas.
A subpoena may be served by any sheriff, by his deputy, or by any
other person not less than 18 years of age. Proof may be shown
by return or certificate endorsed on a copy of the subpoena.
Subpoenas may also be served by registered or certified mail, and
the return receipt shall constitute prima-facie proof of service.
Service upon a party may be made by serving his counsel of record.
(Ga. L. 1966, p. 343, § 3.)(Laws 1792, Cobb's 1851 Digest, p. 353;
Laws 1799, Cobb's 1851 Digest, p. 276; Code 1863, § 3764; Code 1868,
§ 3788; Ga. L. 1873, p. 25, § 1; Code 1873, § 3841; Code 1882, §
3841; Civil Code 1895, § 5260; Civil Code 1910, § 5849; Code 1933, §
38-1501; Ga. L. 1966, p. 502, § 1.)
- The acceptance
by any nonresident of this state, whether a person, firm, or
corporation, of the rights and privileges conferred by the laws now
or hereafter enforced in this state permitting the operation of
motor vehicles, as evidenced by the operation of a motor vehicle by
any such nonresident anywhere within the territorial limits of this
state, shall be deemed equivalent to the appointment by such
nonresident of the Secretary of State of Georgia, or his successor
in office, to be his true and lawful attorney in fact upon whom may
be served all summonses or other lawful processes in any action or
proceeding against any such nonresident growing out of any accident
or collision in which any such nonresident may be involved by reason
of the operation by him, for him, or under his control or direction,
express or implied, of a motor vehicle anywhere within the
territorial limits of the State of Georgia, and said acceptance or
operation shall be a signification of his agreement that any such
process against him shall be of the same legal force and validity as
if served upon him personally.
- If such
nonresident motorist is a minor, then the minor and his parents or
guardians shall be deemed to have assented to the appointment by
such nonresident minor and his parents or guardians of the Secretary
of State of Georgia, or his successor in office, to be the true and
lawful attorney in fact for such minor and his parents or guardians,
upon whom may be served any summons or other lawful process in any
action or proceeding against such nonresident minor, his parents, or
guardians growing out of any accident or collision in which any such
nonresident minor may be involved by reason of the operation by him,
for him, or under his control or direction, express or implied, of a
motor vehicle anywhere within the territorial limits of the State of
Georgia, and such acceptance or operation shall be a signification
of his agreement or an agreement for him by his parents or guardians
that any such process against him or them shall be of the same legal
force and validity as if served upon him or them personally; and in
this respect, the court wherein such action shall have been filed
shall be authorized to appoint, upon motion duly made, a guardian ad
litem for such minor for the purposes of defending such suit.
(Ga. L. 1937, p. 732, § 1; Ga. L. 1964, p. 299, § 1; Ga. L. 1967, p.
800, § 1.)
40-12-2. How
service on nonresident made.
Service of process upon a nonresident pursuant to Code Section
40-12-1 shall be made by serving a copy of the complaint or other
pleading with summons attached thereto on the Secretary of State,
his duly authorized agent, or his successor in office, along with a
copy of the affidavit to be submitted to the court pursuant to this
Code section. Such service shall be sufficient service upon any such
nonresident, provided that notice of such service and a copy of the
complaint and process are forthwith sent by registered or certified
mail by the plaintiff to the defendant, if his address is known, and
the defendant's return receipt and the plaintiff's affidavit of
compliance with this Code section are appended to the summons or
other process and filed with the summons, complaint, and other
papers in the case in the court wherein the action is pending. The
Secretary of State shall charge and collect a fee as set out in Code
Section 45-13-26 for service of process on him under this Code
section.
(Ga. L. 1937, p. 732, § 2; Ga. L. 1959, p. 113, § 1; Ga. L. 1965, p.
231, § 1; Ga. L. 1983, p. 1474, § 2; Ga. L. 1984, p. 22, § 40; Ga.
L. 1989, p. 364, § 2.)