Georgia Civil Process, In General

Georgia: Types of Service (Chart)

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

Suggested Reading/Reference Materials - Georgia Civil Process

Civil Process Law & Rules Relating to, Nationwide

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

Types of Service & 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! *

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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