Georgia Civil Process.org 

(FKA Georgia Civil Process Association, Inc.)

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Disclaimer: Sites are provided for information & research only. Use these sites at your own risk!

This is not legal advice & is not necessarily accurate or complete. Consult an Attorney on all legal matters!

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Georgia Civil Process, In General

Mishandling of money can get a Sheriff or a Deputy Sheriff in "deep doo-doo!" (In real trouble!)

 

Georgia: Types of Service (Chart)


Senate Bill SB 491 signed by Governor Perdue is effective 07/01/2010.


Request for Change of Address or Boxholder Information Needed for Service of Legal Process by Law Enforcement Agencies

Request for Change of Address or Boxholder Information Needed for Service of Legal Process This is a United States Postal Service Form (USPS). Used by Non-Law Enforcement Personnel (Process Server, Attorney, Pro Se Plaintiff. National Association of Professional Process Servers


**** "Validate your defendant before you sue!" Wednesday, November 16, 2011 By Michele Dawn, Owner, Rancho Attorney Service of California, Rascal's Research & Location Services, Temecula, CA 92590


Suggested Reading/Reference Materials - Georgia Civil Process

**** "What is Reasonable Service?" by Joseph G. Mitchell, Georgia Bar Journal, June 2007, go to page 24 on the PDF Software (actually page 22) Deals with Service of Process

Davis & Shulman's Georgia Practice and Procedure. The Harrison Company, Norcross, GA . Now sold by WestGroup. A very large book!

Georgia Civil Practice, Hardy Gregory, Jr., (2nd ed.). Lexis Law Publishing, VA. 936 pages.

Georgia Process and Service with Forms, Philip Weltner II, Charles Longstreet Weltner. The Harrison Company, Norcross, GA (2000 ed.) . Now sold by WestGroup. 218 pages.

Georgia Pleading, Practice, & Legal Forms Annotated, 2d, By Charles R. Adams, III (commonly known as "Brown’s Forms"). The Harrison Company, Norcross, GA . Now sold by Thomson*West.

Georgia Landlord and Tenant: Breach and Remedies with Forms, , 3d by William J. Dawkins. The Harrison Company, Norcross, GA. Now sold by WestGroup. 374 pages.

"How to Identify Someone Who May Be Evading Service" By ServeNow.com Staff, ServeNow.com

Researching the Legislative History of Enacted Georgia Statues University of Georgia School of Law

"Top 10 Myths about Mental Illness" By Pamela Kulbarsh, RN, Officer.com


Civil Process Law & Rules Relating to, Nationwide

Servenow.com


Community Associations:

Georgia Chapter, Community Associations Institute Possibly could help when trying to reach a Homeowners Association (HOA).


Georgia Civil Practice Act of 1966 as amended, O.C.G.A. 9-11-1 thru 9-11-132 (The act itself is defined in O.C.G.A. § 9-11-85)

Go to the following link to look up the listed code sections (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/

Civil Process can be governed by Codes, Court Rules, Case Laws, etc.!

All these links refer to Georgia Law. Please "Click.":

Georgia Civil Process In General ►◄ Georgia Court Security and Courthouse Security ►◄ Georgia Dispossessory Proceedings & Evictions ►◄ Georgia Fi. Fas & Levying ►◄ Georgia Written Courthouse Security Plan Required ►◄ Georgia Foreclosure & Seizure

Examples of Some Search Terms: "Rule of Court," "Rules of Civil Procedure," "Rules of Process," "Administrative Code," "Case Law," "Local Law," "Code," "Statue," "Law," etc.


Clerk of Superior Court Duties O.C.G.A. § 15-6-61

Preservation of Newspapers containing advertisement O.C.G.A. § 15-6-74

Subpoena for Taking Depositions O.C.G.A. § 9-11-45


Person of Suitable Age for Service:

O.C.G.A. § 9-11-4(e)(7)

Holmes & Company of Orlando v. Carlisle, 658 S.E. 2d 195 (2008)

Knox v. Landers 160 Ga. App 1, 285 SE 2d 767 (1981)

Trammel v. National Bank of Georgia, 159 Ga App 850, 285 SE 2d 590 (1981)

28 U.S.C.A. Fed. Rules Civ. Proc. Rule 4(d)(1)


Types of Service, Who Can Serve Process, & Who Can Be Served

DISCLAIMER Any information presented by the Georgia Civil Process Association Division ("Association") is purely for reference and informational purposes only. It is not guaranteed accurate and should not be relied upon without further investigation and research because the laws discussed are subject to varying interpretation and are also subject to change. The Association does not give legal advice or substitute for legal opinions. Accordingly, the Association , its agents, officers, members and guest instructors disclaim any responsibility for reliance on any training or other means of providing information to any officers, guests and agents of any law enforcement agency or any other organization or to indiviual. Use these sites at your own risk! This is not legal advice & is not necessarily accurate or complete nor is it necessarily up to date.

*Always consult an Attorney on all legal matters! *


A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Name of Service

(refer to Code Section to determine who can be served)

*Code Reference and/or O.C.G.A. §

   

A

A

   
Accountants  
Accountants, Non Resident 43-3-7
Alimony, Contempt, Rule Nisi 19-6-28; 9-11-4
Animal Shelter Operators 43-6-8
Annulment 19-4-4
Associations or Organizations, Unincorporated 9-2-25
Attachment 18-3-14
Attachment Proceedings, service by defendant on a non resident plaintiff 18-3-10.1
Auctioneers, Non resident 43-6-12

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B

B
   
Bad Check Citation 15-10-202

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C

C

   
Certified Process Server Senate Bill SB 491 and 9-11-4(c)(5) A revised section effective 07/01/2010 and 9-11-4.1(a) A new section effective 07/01/2010
Charitable Organizations (Charities) 43-17-18; 43-17-5
Charitable Trusts 53-12-115
Child Support, Contempt, Rule Nisi 19-6-28
Child Support Summons  
Citation from Recorder's Court of Gwinnett County for Violation of Gwinnett County Ordinance 70-31, Failure to Attach & Display Mobile Home Decal  
Complaint for Admission 9-11-4
Complaint for Alimony  
Complaint for Custody  
Complain for Damages  
Complaint in Equity  
Complaint on Open Account  
COMPLAINT FOR RULE OF Contempt of Court  
Complaint in Trover (used to recover possession of chattels) 44-12-150 & 9-11-4; 19-6-28. Enforcement of orders; contempt; service of rule nisi by mail; rule nisi form
Condemnation (Eminent Domain) 32-3-8 et seq.
Condemnation (Eminent Domain), Before Special Master (Time Limit - must serve within three [3] days of signing by the Judge) 22-2-107
Corporations in General, Service on  
Corporation Organized and Existing under the Laws of the State of Georgia for the purpose of complying with the Georgia Cemetery and Funeral Services Act of 2000. 10-14-24
Corporate Fiduciaries, foreign 53-12-394; 53-12-393
Corporation, Substituted Service on Georgia Secretary of State 9-11-4 (e)(1)
Corporations, Non Profit 14-3-504
Corporate Fiduciaries, foreign 53-12-392 et seq.

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D

D

   
Department of Human Resources, Service upon (Includes Georgia Department of Family & Children Services (DFCS) 49-2-15
Decedents’ Estates, Foreign Executors & Administration 53-6-126 notice required for probate of other wills in solemn form shall be given to the heirs at law.”
Decedents’ Estates, Nuncupative Wills 53-3-17 Judge of Probate Court
Decedents’ Estates, Wills, Petition to Probate 53-3-14
Decedents’ Estates, Nuncupative Wills 53-6-126
Decedents’ Estates, Foreign Executors & Administration 53-3-17
Decedents’ Estates, Nuncupative Wills 53-6-126
Dispossessory Proceeding (Dispossessory Warrant) (“dispo”)  
Distress Warrant  
Divorce, Complaint For  
Declaratory Judgment ("Dec") 9-4-5: must be served “really personal” at least 20 days before court date; & 9-4-7: Serve Attorney General, when applicable

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Defective Service (Bad Service) (Insufficiency of service of process) 9-11-12
Department of Human Resources, State of Georgia, Includes Georgia Department of Family & Children Services (DFCS) 49-2-15
Dispossessory ("Dispo") Proceedings 44-7-51
Distress Warrant, Execution & Levy 44-7-79 (44-7-70 thru 44-7-82)
Distress Warrant, Petition for 44-7-72 (44-7-70 thru 44-7-82)
Domestic Insurers 33-4-2
Department of Family & Children Services (DEFCS) (Part of Department of Human Resources), Service Upon. [Does not apply to subpoenas for DEFCS employees to appear in court] 49-2-15

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E

E

 

 

Easement, Petition to Grant 44-9-41
Ejectment & Proceedings Against Intruders 44-11-1 thru 44-11-32
Enforcement of Orders (Alimony & Child Support) 19-6-28 Enforcement of Orders; contempt; service of rule nisi by mail; rule nisi form
Entertainers, Itinerant 43-1-15
Estate of Decedent 53-6-126
Extraordinary Writs, Writ of Mandamus 9-6-22; 9-6-63; 5-3-21; 5-6-32
Eviction (Writ of Possession) A Seizure - No Service

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F

F

   
Family Violence Order PERSONAL - gets special handling
Fees, Sheriff See "Sheriffs' Fees, Costs & Expenses" Below
Fi. Fa. (Writ of Fieri Fascias) A Seizure - No Service
Foreclosure, On Personalty (Personal Property) 44-14-232
Foreclosure, Real Property Under Power of Sale 44-14-161 et seq.
Foreclosure - Notice of Foreclosure of Right to Redeem  
Foreign Limited Partnerships O.C.G.A. § 14-9-902.1(h): (h) All general partners of, and the registered agent of a foreign limited partnership authorized in this state, are agents of the foreign limited partnership on whom may be served any process, notice, or demand required or permitted by law to be served on the foreign limited partnership.

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Fiduciaries, Corporation, Foreign 53-12-392
Foreclosure on Personalty, Petition for 44-14-232
Fraternal Benefit Society 33-15-23
Fun Raisers 43-17-18
Fraternal Benefit Society 33-15-23
Fund Raisers 43-17-18
Fraternal Benefit Society 33-15-23
Fund Raisers 43-17-18

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G

G

   
Gated Communities: Service Upon Persons Residing in Gated and Secured Communities Senate Bill SB 491 and 9-11-4(f) A new paragraph effective 07/01/2010
Georgia Department of Family & Children Services (DFCS), Department of Human Resources, Service upon 49-2-15
   

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H

H

Human Resources, Department of (State of Georgia) 49-2-15
   

I

I

   
Injunction 9-11-65
Immediate Writ of Possession 44-14-232: Execution and levy; retention by plaintiff; sale
Immediate Writ of Possession, Application For 44-14-232 & § 44-14-265
   
Insufficiency of service of process (Bad Service) (Defective Service) 9-11-12
Insurance Agents, Non Resident 33-23-31
Insurance Agents, service on nonresident 33-23-31

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Insurance Companies, Domestic 33-4-2
Insurance Companies, Foreign 33-4-3
Insurance Companies, General 33-14-6
Insurance Companies, Issuing Surplus Line 33-5-34
Insurance Companies, Unauthorized Insurers 33-5-50
Insurance Companies, General 33-14-6
Insurance Companies, Foreign 33-4-3
Insurance Companies, Issuing Surplus Line Insurance 33-5-34
Insurance Companies, Unauthorized Insurers 33-5-50
Interrogatories  
Intruders, Proceedings Against & Ejectment 44-11-1 thru 44-11-32
   

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J

J

   
Jury Summons  

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K

K

   
Kennel Operators 4-11-6

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L

L

   
Land Registration, Petition for 44-2-67
Limited Partnerships, Domestic 14-9-902(h)
Limited Partnerships, Foreign 14-9-902(i)

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M

 
   
Magistrate Court, Service from 15-10-43

Mandamus - -shall be served at least five days before the time fixed for the hearing.

9-6-27
Merchants, Transient 43-46-3 & 43-46-5
Motor Carrier, Non Resident 46-7-62
Multilevel Distribution Companies 10-1-416

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N

N

   
Name Change on Minor, Service on Parents or Guardians 19-12-1
Non Profit Corporations 14-3-504
Nonresident Motor Carriers 46-7-17
Nonresident Motorist 40-12-2
Nonprofit Corporations  
Notorious (Substituted) Service 9-11-4

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O

O

   
Operators of Kennels, Stables, and Animal Shelters and Animal Dealers 4-11-6
Order Appointing Guardian Ad Litem  
Order of Contempt  
Organizations or Associations, Unincorporated 9-2-25
Owners of Unfit Buildings 41-2-12

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P

P

   
Parental Rights Termination 19-8-10
Partnerships  
Partnerships, Limited 14-9-902(h)
Paternity Suits 19-7-41
Paternity Suits, Service Outside State 9-7-41
"Person of Suitable Age and Discretion" 9-9-11-4(e)(7);
Persons Offering Securities for Sale 10-5-6
Personal Service on Defendant by Serving Defendant's Attorney, When Valid 9-11-5
Petition for Abatement of Public Nuisance  
Petition for OND Forfeiture  
Petition for Change of ???  
Petition for Contempt  

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Petition for Domestication of Foreign Judgments  
Petition for Modifications of Child Support or Custody  
Petition to Probate Will  
Planning and Zoning Court Summons  
Pleadings Subsequent to the Original Complaint and Other Papers 9-11-5
Precepts 45-16-38; 48-5-311
Privilege from Service 24-10-1
Probate Court Issued Documents to be Service  
Proceedings Against Intruders & Ejectment 44-11-1 thru 44-11-33
Probate Court Actions  
Probate Order to Apprehend  
Probate Summons  
Professional Associations, Both Incorporated and Not Incorporated  
Professional Associations 14-10-17

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Q

Q

Quiet Title (Quia Timet Against All the World) 23-3-62; 23-3-65
Quo Warranto, Writ of, Service 9-6-63

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R

R

Railroad Lessee 46-8-311: See Code
Real Estate Broker, Non Resident 43-40-9
Real Estate Sales Person, Non Resident 43-40-9
Recorder's Court Summons 43-40-9: See Code
Refusal to Accept Service Hickey v. Merritt, 128 Ga. App. 764, 197 S.E. 2d 833 (1973); Carroll v. Celanese Corp. of America, 205 Ga. 493, 54 S. E. 2d 221 (1949); Jacobson v. Garland, 227 Ga. App. 81, 487 S. E. 2d 640, (1997); Humphrey et al. v. Langford, 246 Ga. 732, 273 S. E. 2d 22 (1980)
Registration of Land, Petition for 44-2-67 et seq.
Request for Admissions  
Restraining Order  
Return of Service 9-11-4(h)
Return of Service, Five Business Day Rule Senate Bill SB 491 and 9-11-4(h) & 9-11-(h)(1) effective 07/01/2010
Return of Service, Amendment of 9-11-4(i)
Rule Nisi
O.C.G.A § 5-5-42. Form for motion for new trial
O.C.G.A § 5-5-43. Allowance of filing of motion by judge other than trial judge
O.C.G.A § 5-5-44. Service of rule nisi; filing and recordation of motion
O.C.G.A § 5-5-45. Amendment of rule nisi
O.C.G.A § 5-5-46. Operation of rule nisi as supersedeas in criminal cases; superseding of sentence
O.C.G.A § 9-6-27. Time of hearing; notice; how and when issues of facts determined

[“The defendant shall be served at least five days before the time fixed for the hearing.”]

O.C.G.A § 9-6-28. Appeal
O.C.G.A § 9-7-15. Exceptions to matters outside record; certification by auditor or return with objections; application for mandamus; notice and hearing; effect of mandamus absolute

[“The mandamus nisi shall be served upon the auditor at least ten days after the same is signed by the judge and shall be made returnable not more than 30 days after signing.”]

O.C.G.A § 9-11-14. Third-Party Practice
O.C.G.A § 9-11-65. Injunctions and restraining orders
O.C.G.A § 15-6-61. Duties of clerks generally; use of computerized record-keeping system; printed copies of the grantor and grantee indices
O.C.G.A § 15-9-60. Costs
O.C.G.A § 15-9-61. Duties of clerks generally; use of computerized record-keeping system; printed copies of the grantor and grantee indices
O.C.G.A § 15-11-97. Failure to answer summons; taking child into protective custody
O.C.G.A § 15-13-4. Grant of rule nisi by court; service
O.C.G.A § 15-13-5. Verified answer to rule nisi; jury trial; disposition
O.C.G.A § 19-1-1. Injunctions and restraining orders authorized in domestic relations actions
O.C.G.A § 19-6-28. Enforcement of orders; contempt; service of rule nisi by mail; rule nisi form
O.C.G.A § 19-11-79. Registration procedure -- Transmittal of documents to district attorney; filing; notice; docketing
O.C.G.A § 24-8-23. Establishment of lost paper in justice of the peace court; affidavit or other proof; issuance and service of rule nisi; entry of judgment; certified copy
O.C.G.A § 24-8-24. Establishment of lost or destroyed paper in superior court -- Petition and affidavit; issuance and service of rule nisi
O.C.G.A § 24-8-26. Establishment of lost or destroyed paper in superior court -- Grant of rule absolute
O.C.G.A § 24-8-28. Procedure as to action on lost or destroyed note, bill, bond, or other instrument
O.C.G.A § 25-2-24. Filing of petition for court order compelling compliance with notice
O.C.G.A § 32-3-11. Power of judge to set aside, vacate, and annul declaration of taking; issuance and service on condemnor of rule nisi; hearing
§ 40-13-32. Restrictions on ability of courts to change or modify traffic law sentences or judgments
O.C.G.A § 44-2-136. Cancellation of mortgage, lien, equity, or lis pendens; entry of cancellation on title register and certificate; procedure upon refusal to authorize cancellation
O.C.G.A § 44-9-59. Obstructions; proceedings for removal; petition; rule nisi; order; appeal; fees
O.C.G.A § 44-14-180. Manner of foreclosing; petition; rule; venue
O.C.G.A § 44-14-184. Defense against foreclosure; verification
O.C.G.A § 46-5-20. Judicial proceedings for disconnection and removal of illegally used telephone facilities; liability of telephone companies for complying with order of disconnection and removal
O.C.G.A § 51-12-71. Prerequisites for transfer of structured settlement payment rights
Uniform Rules for the Juvenile Courts, Rule 18.2 Rule Nisi

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S

S

   
Secured Communities: Service Upon Persons Residing in Gated and Secured Communities Senate Bill SB 491 and 9-11-4(f) A new paragraph effective 07/01/2010
Securities, Persons Offering for Sale 10-5-6 (c): See Statue; 10-5-18: See Statue; 15-13-9; 9-11-4 (e)(1)
Service by off-duty deputy sheriff Senate Bill SB 491 and 9-11-4.1(f) A new section effective 07/01/2010
Service in General 9-11-4 & **** "What is Reasonable Service" by Joseph G. Mitchell, Georgia Bar Journal, June 2009, go to page 24 on the PDF Software (actually page 22) Deals with Service of Process
Service Upon Persons Residing in Gated and Secured Communities Senate Bill SB 491 and 9-11-4(f) A new paragraph effective 07/01/2010
Securities, Persons Offering for Sale 10-5-6
Separation  
Service by decoying, enticement, inducing or any false representation McPherson v. McPherson, 238 Ga. 271, 232 S. E. 2d 552 (1977)
Service or waiver of process, Acknowledgment of 9-10-73; 9-11-4 (h)
Service on Sojourner (Jurisdiction) 50-2-21
Service on Transients (Jurisdiction) 19-2-2; Patterson v. Citizens & Southern Bank of Fulton County, 163 Ga. App. 539, 294 S. E. 2d 730 (1982)
"Sheriff of County Where Action is filed may serve a defendant in any County of the state." O.C.G.A. 9-10-72; Bell v. Stevens, 100 Ga. App. 281, 111 S.e.2d 125 (1959); See other cases in annotations under O.C.G.A.
"Sheriff of another County in which a defendant is temporarily located has no authority in law to serve process of county where action is filed '''" O.C.G.A. 9-10-72; Bell v. Stevens, 100 Ga. App. 281, 111 S.e.2d 125 (1959); See other cases in annotations under O.C.G.A.
Sheriff 15-13-9
Sheriff & Deputy Sheriffs 15-13-9: ???? See statue ???
Special Conditions of Bond  

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Sheriff's Entry of Service Rules of Superior Courts of Georgia, Rule 39.7 Required Forms, Form SC 2. Forms are found under Appendix A. Note: no instructions on "how to complete the form" are included in the rules.
Sheriffs' Fees, Costs & Expenses 4-3-4 <> 4-3-5 <> 4-3-6 <> 4-3-8 <> 4-3-9 <> 4-3-10 <> 7-1-684.1 <> 7-1-704 <> 9-11-4.1 <> 10-5A-20 <> 10-14-15 <> 10-14-23 <> 15-6-4 <> 15-6-77 (e)(5) & (m) <> 15-10-80 <> 15-10-83 <> 15-10-100 <> 15-13-30<>15-15-5 <> 15-16-5 <> 5-16-20.2 <> 15-16-21 <> 15-16-22 <> 15-16-27 <> 15-16-57 <> 15-21-13 <> 16-12-22.1 <> 17-6-1.1 <> 17-6-15 <> 17-7-91 <> 21-2-228 <> 24-10-27 <> 25-2-35 <> 31-7-351 <> 32-3-9 <> 38-2-274 <> 38-2-340 <> 38-2-441 <> 40-6-76 <> 40-14-2 <> 41-3-7 <> 42-1-12 <> 43-17-11 <> 43-17-16 <> 43-37-2 <> 44-2-210 <> 44-9-59 <> 45-11-6 <> 44-12-58 <> 45-16-9 <> 47-16-60 <> 48-2-55 <> 48-3-9 <> 48-4-5 <> 48-5-161 <> 48-5-163 <> 48-5-307 <> 52-6-44 <> Uniform Rules of Superior Court, Rule 36.10 <> Uniform Rules of State Court, Rule 36.10
Sojourner (Jurisdiction), Service on 50-2-21
Special Conditions of Bond  
Stable Operators 4-11-6
State of Georgia, Tort Claims Act 50-21-35
State of Georgia, Department of Human Resources 49-2-15
State Tort Claims 50-21-35
Subpoenas, Enforcement 24-10-25
Substituted (Notorious) Service 9-11-4
Substituted Service on Georgia Secretary of State, Corporation 9-11-4 (e)(1)
Subpoena for Attendance of Witness 24-10-23; 24-10-20
Subpoena, Enforcement for Failure to Comply 24-10-25
Subpoena for a Witness from Without the State 24-10-90; 24-10-91

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Subpoena for taking depositions 24-10-23; 9-11-45
Suit on Contract  
Suit for Damages  
Summons of Suit  
Summons & Petition for Distress Warrant  
Summons & Petition for Immediate Writ of Possession  
Summons & Petition for Writ of Possession  

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T

T

Telegraph Companies 46-5-149
Temporary Restraining Order (TRO) 9-11-65
Termination of Parental Rights 19-8-10
Third Party Complaints  
Time of Service 9-11-4 (c)

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Tort Actions Against the State of Georgia - Service of process; mailing of complaint


In all civil actions brought against the state under this article, to perfect service of process the plaintiff must both:

 

(1) cause process to be served upon the chief executive officer of the state government entity involved at his or her usual office address; and

 

(2) cause process to be served upon the director of the Risk Management Division of the Department of Administrative Services at his or her usual office address. The time for the state to file an answer shall not begin to run until process has been served upon all required persons. A copy of the complaint, showing the date of filing, shall also be mailed to the Attorney General at his or her usual office address, by certified mail or statutory overnight delivery, return receipt requested and there shall be attached to the complaint a certificate that this requirement has been met.

Georgia Tort Claims Act, 50-21-35
Transients, in General, within State 19-2-2
Transient Merchants 43-46-3; 43-46-5
Trustees, Service By 53-12-175
Trustees, Service On 53-12-54 & 53-12-371 & 53-12-372
Trustees, Service On 53-12-371; 53-12-372
Turnover Order (as part of a Writ of Possession)  

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U

U

   
Unfit Buildings, Owners of 41-2-12
Unincorporated Organizations or Associations 9-2-25
U.R.E.S.A. (Uniform Reciprocal Enforcement of Support Act)  
Uniform Act to Secure Attendance of Witnesses from Without the State 24-10-90 et seq
Uninsured Motorist Carriers 33-7-11

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w

w

   
Waiver of process or Service, Acknowledgment of 9-10-73; 50-21-35
Wills, Nuncupative, Petition to Probate 53-5-21
Wills, Petition to Probate 53-3-14
Writ of Attachment  
Writ of Contempt  
Writ of Habeas Corpus  
Writ of Mandamus (Extraordinary Writs) 9-6-22; 9-6-27; 5-3-21; 5-6-32; 9-11-4 (k)
Writ of Ne Exeant (extraordinary writ)  

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Writ of Possession (could include a turn over order) If a turnover order is included, requires personal service on the turn over order. Mobile homes have a time delay before they can be seized or moved.
Writ of Prohibition  
Writ of Quo Warranto  
Writ of Sciere Facias  
Written Motion + Notice of Hearing - Must Serve at Least Five (5) Days Before the Hearing if it is not an Ex-Parte Application (Unless some other time has been prescribed by the court) 9-11-6

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Y

Y

   
Year’s Support, Cases Involving 53-3-17

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Certified Mail Equivalent to Registered Mail; Sufficient Compliance for Notice by Statutory Overnight Delivery

O. C. G. A. § 9-10-12

Electronic Pre-Trial Release (Additional Way to "Bond Out")

O. C. G. A. § 17-6-1.0

Extraordinary Writs

O. C. G. A. § 6-6-20

Writ of Mandamus

O. C. G. A. § 6-6-20

Writ of Prohibition

O. C. G. A. § 6-6-40


O.C.G.A. 9-10-94In general, deals with Sheriffs and their Deputies.

O.C.G.A. 9-11-4(c) Service Beyond the State

O.C.G.A. 15-10-43(b) Appointment of Special Agent to Serve Process (Private Process Server)

O.C.G.A. 38-2-272 Appointment of Special Agent to Serve Process in Magistrate Court (Private Process Server)

O.C.G.A. 9-11-1 thru 9-11-132 Georgia Civil Practice Act of 1966 as amended

O.C.G.A. 9-11-85

Georgia Civil Practice Act Defined

O.C.G.A. 9-11-4 Process. The Sheriffs/Marshals/Constables GUIDE TO SERVICE OF PROCESS

O.C.G.A. 9-11-4, Georgia Civil Practices Act Exemption from Arrests on Civil Process

O.C.G.A. 9-11-4, Georgia Civil Practices Act (c) Summons - By Whom Served; Appointment of Special Agent to Serve Process

O.C.G.A. 9-11-4, Georgia Civil Practices Act (e) Summons - Personal Service;

O.C.G.A. 9-11-4, Georgia Civil Practices Act (f) Summons - Other Service;

O.C.G.A. 9-11-4, Georgia Civil Practices Act (g) Territorial Limits of Effective Service;

O.C.G.A. 9-11-4, Georgia Civil Practices Act (h) Return;

O.C.G.A. 9-11-4, Georgia Civil Practices Act (i) Amendment of Return;

O.C.G.A. 19-6-28 (j) Alternative Service;

Rule 39.7 Rule Nisi; Enforcement of orders; contempt; service of rule nisi by mail; rule nisi form (subsequent service by the sheriff - alimony and child support

O.C.G.A. 9-11-6(d) Georgia Uniforms Rules for Superior Court. Required Forms, SC-2 (Sheriff’s Entry of Service). Sample Form in Appendix A.

O.C.G.A. 15-10-43 Rule Nisi: "(d) For motions; for affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five days before the time specified for the hearing, unless a different period is fixed by this chapter or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion. Opposing affidavits may be served not later than one day before the hearing, unless the court permits them to be served at some other time."
 

McPherson v. McPherson, 238 Ga. 271 S.E.2d 552 (1977) Service of Magistrate Court process (generally the same as service under the Civil Practices Act)

128 Ga.App. 764, 197 S.E. 2d 833, Hickey v Merritt (Ga.App.1973) "In a civil case, a court will not exercise jurisdiction which rests upon service of process on a defendant who has been decoyed, enticed, or induced to come within the court's reach by any false representation, deceitful contrivance, or wrongful device for which the plaintiff is responsible. The basis of this is not that the court did not acquire jurisdiction, but that it should abstain from exercising jurisdiction in view of the unfair manner in which it was procured." Extract from Lawskills.com.

"The added notation indicating he saw the defendants from a window, and talked to them through the door, even though they refused to open the door, merely explains in greater detail how he perfected the personal service on Clarence (appellant herein) and Norma Hickey.
Even if we assume, and there is no proof in the record, that appellant's copy was left at his door at the same time service was effected for which the return was made there is no inconsistency. If defendants would not open the door the process server had no alternative to leaving a copy at the door so defendants could pick it up when he departed. Leaving it at the door is consistent with the notation on that return "Seen from window, talked to through door, refused to open." Extract from Lawskills.com.


"The critical question is the fact of service and not the nature of the return. The return shows personal service and appellant has presented no evidence to disprove that service. Only one type of service is indicated in the return to the court, viz., personal service." Extract from Lawskills.com.

It is the duty of a defendant to accept and submit to the service of process when he is aware of the process server's purpose. Gumperz v. Hofmann, 245 App. Div. 622, 624 (283 NYS 823), affirmed in 271 N. Y. 544 (2 NE2d 687). To same effect is Hiller v. Burlington & Missouri River R. Co., 70 N. Y. 223, 227." Extract from Lawskills.com.


 

O. C. G. A. § 17-13-45 Immunity from Service if Process

O. C. G. A. § 22-2-107 Eminent Domain, Condemnations Procedure, Service of Process

O. C. G. A. §

O. C. G. A. § 9-11-5. Service and filing of pleadings subsequent to the original complaint and other papers

O. C. G. A. § 9-11-5(f) Electronic service of pleadings

O. C. G. A. § 16-14-7 Forfeiture Proceedings Under RICO Act, Service of Process

O. C. G. A. § 16-14-7 Forfeiture Proceedings Under RICO Act, Judicial Sale of the Property

O. C. G. A. § 16-14-13 RICO Act, Filing and Attachment of Lien Notice

O. C. G. A. § 16-14-14 RICO Act, Term of Lien Notice; Release, Extinguishment, or Terminations

Ne Exeat O. C. G. A. § 23-3-20; 23-3-21; 23-3-22; 23-3-23; 23-3-24; 23-3-25;

Quia Timet (Quit Title) Against All the World O. C. G. A. § 23-3-62, 23-3-40; 23-3-65;

Refusal of Service (A "No No") Hickey v. Merrit, 128 Ga. App. 764, 197 S.E.2d 833 (1973)

Georgia Civil Practice Act O. C. G. A. § 9-11-85

Georgia Civil Practice Act § 9-11-4. Process The "Bible" for serving process

Georgia Civil Practice Act § 9-11-4. Serving and filing of pleadings subsequent to the original complaint and other papers

Security Interests In and Liens on Motor Vehicles O. C. G. A. §40-3-50 thru 40-3-61

Garnishment Service on U.S. Postal Employees Follow link and scroll down to "US Postal Service" - Also see Title 39 - Postal Service, Chapter 1, Part 491 "Garnishment of Salaries of Employees of the Postal Service and the Postal Rate Commission"

Service of process on postal premises, other than garnishments and criminal process allowed under Title 39-Postal Service, chapter 1, Part 243, Sed. 243.2 (g)

O. C. G. A. § § 51-10-1. Right of action for deprivation of possession of personalty

Distress Warrant Writ, Example, State Court of Chatham County, Georgia

Affidavidt for Distress Warrant Writ, Example, State Court of Chatham County, Georgia