Woodman and Associates

Georgia Code

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GEORGIA CODE TITLE 9. CIVIL PRACTICE


Sec. 9-10-94
Service Outside State
A person subject to the jurisdiction of the courts of the state, may be served with a summons outside 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.

Sec. 9-11-4
(c) By Whom Served- Process shal be served by the sheriff of the county where the action is brought or where the defendant is found, 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 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 made within this state, the person making such service shall make the service within 5 days from the time of receiving the summons and complaint; but failure to make service within the 5 day period will not invalidate a later service.

(d) Personal Service - Service shall be made by delivering a copy of the summons attached to a copy of the complaint as follows:
(1) In action against a corporation, to the president or other officer, secretary, cashier, managing agent or other agent thereof..
(7) In all other cases to the defendant personally, or by leaving copies 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 to an agent authorized by appointment or by law to receive service of process.

(g) 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 a follows:
(1) If served by the sheriff or marshall, the affiavit or certificate of the sheriff or marshall.
(2) If by any other proper person, his affidavit.

(h) 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.

Woodman and Associates
562 Lakeland Plaza, Suite 157 Cumming, GA 30040
Phone: 678-953-0353   Fax: 678-765-7704