Georgia State Process Server

$149 Routine - $199 Rush

In Georgia, the rules for process serving are governed by state laws, specifically the Georgia Civil Practice Act (Title 9 of the Official Code of Georgia Annotated, or O.C.G.A.). Here’s a summary of the key rules:

Who Can Serve Process

  1. Sheriffs and Deputies: The sheriff or deputy sheriff of the county where the defendant resides is authorized to serve process.
  2. Court-Appointed Individuals: A court can appoint a private process server who meets specific qualifications.
  3. Certified Process Servers: Individuals certified under Georgia law may also serve process, provided they follow state requirements.

Methods of Service

  1. Personal Service: Delivering the summons and complaint directly to the defendant.
  2. Substituted Service: If the defendant cannot be personally served, leaving the documents with someone of suitable age and discretion residing at the defendant’s usual place of abode.
  3. Service on Corporations: Delivering the documents to an officer, a managing or general agent, or someone authorized to receive service (e.g., a registered agent).
  4. Service by Publication: In certain cases, such as when a defendant cannot be located, service may be completed by publishing notice in a local newspaper.

Requirements for Valid Service

  • Service must be completed within the statutory time limit (usually within 90 days of filing the complaint unless the court grants an extension).
  • The server must file a proof of service affidavit with the court, stating the date, time, location, and method of service.

Special Considerations

  • For non-residents or defendants outside Georgia, service may need to comply with long-arm statute provisions.

Defendants in federal or military service may require compliance with federal rules (e.g., the Servicemembers Civil Relief Act).