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