2. Service Of Process And SOL

Question 1

Who may serve process within Georgia?

Answer 1

1. The county sheriff or deputy where the action is filed or the defendant is located;
2. a U.S. citizen appointed by the court; or
3. a non-party at least 18 years old appointed as a permanent process server.

Question 2

What is the time of making service in Georgia?

Answer 2

Service must be completed within 5 days of receiving the summons and complaint.

Question 3

What effect does failure to make service have in Georgia?

Answer 3

Failure to make service within the 5-day period does not invalidate later service, but statute of limitations issues may arise.

Question 4

How is process served on individuals in Georgia?

Answer 4

Process is served by:

1. personal service;
2. leaving a copy at the defendant’s abode with someone of suitable age and discretion; or
3. delivering a copy to the defendant’s registered agent.

Question 5

What is the manner of service for a suit less than $200 in Georgia?

Answer 5

Service may be made by:

1. attaching the complaint in a waterproof packet to the defendant’s door; and
2. mailing an additional copy to the defendant’s last known address.

Question 6

Who must subsequent pleadings or papers be served on when a party is represented by an attorney?

Answer 6

Subsequent pleadings or papers must be served upon the attorney, unless the court orders otherwise.

Question 7

What type of nonresident is immune from service in Georgia?

Answer 7

A nonresident present in the state to appear in court as a party or witness in an unrelated proceeding is immune from service of process.

Question 8

Who may be served outside of Georgia?

Answer 8

Service may be made on a Georgia resident in actions affecting specific real property, status, or in rem proceedings, regardless of the person’s residence.

Question 9

How is a person served under the Nonresident Motorist Act in Georgia?

Answer 9

Plaintiff serves the Secretary of State and sends a copy by registered or certified mail or overnight delivery to the nonresident defendant, along with a notice of service.

Question 10

How are minors served in Georgia?

Answer 10

Service must be on the minor personally and also on the minor’s father, mother, guardian, or duly appointed guardian ad litem.

Question 11

How are incompetents served in Georgia?

Answer 11

Service must be on the person and the person’s guardian.

Question 12

How are corporations served in Georgia?

Answer 12

Service must be delivered to the corporation’s president, officer, secretary, cashier, managing agent, or other agent.

If not possible, the Secretary of State acts as the corporation’s agent for service.

Question 13

How are government bodies served in Georgia?

Answer 13

Service must be on the chairman of the board of commissioners, president of the council of trustees, mayor or city manager, or an agent authorized to receive service.

Question 14

What is the rule for an Ante Litem Notice in Georgia?

Answer 14

The claimant must provide written notice within one year of discovering or should have discovered the loss to sue the state for a tort claim.

Question 15

How are Ante Litem Notices served in Georgia?

Answer 15

The ante litem notice must be:

1. Sent by certified mail, overnight delivery, or delivered personally to the Risk Management Division of the Department of Administrative Services(with a receipt retained).
2. Personally delivered or mailed by first-class mail to the state government entity involved.

Question 16

What happens when the required notice has been presented?

Answer 16

Once the required notice has been presented, no action may be brought until either:
1. the Department of Administrative Services has denied the claim; or
2. 90 days have passed.

Question 17

What must be included in the ante litem notice in Georgia?

Answer 17

Ante litem notice MUST state:

1. the name of the state entity involved;
2. time, place, and nature of the incident;
3. amount of loss claimed;
4. acts or omissions causing the loss.

Question 18

Waiver of personal service

Answer 18

A defendant who timely agrees to waive service will have 30 days (from when the request for waiver was sent) to answer (90 days if outside the United States).

Question 19

What is the General Rule for Service by Publication?

Answer 19

When a necessary person cannot be served, the court can order service by publishing the summons.

Question 20

How is Service by Publication conducted in Georgia?

Answer 20

When the court orders service by publication, the clerk must cause publication to be made in the paper in which sheriff’s advertisements are printed, 4 times within the ensuing 60 days, each time at least 7 days apart.

Question 21

What is the general rule for a plaintiff filing a cause of action within the statutory period in Georgia?

Answer 21

The plaintiff must file within the statutory time period, starting when the cause of action accrues, or the claim will be barred.

Question 22

What two causes of action have a one-year statutory period in Georgia?

Answer 22

1. Defamation or other injuries to reputation
2. Medical malpractice for foreign objects left in the patient’s body

Question 23

What four causes of action have a two-year statutory period in Georgia?

Answer 23

1. Breach of restrictive covenant
2. Personal injury
3. Medical malpractice: generally within two years of the injury or death
4. Products liability: within 10 years of the first sale causing the injury

Question 24

What five causes of action have a four-year statutory period in Georgia?

Answer 24

1. Actions on open accounts, breach of unsigned contracts, or implied promises
2. Other contract actions, express or implied
3. Contracts for sale of goods
4. Trespass or damage to real property
5. Injuries to or recovery of personal property

Question 25

What cause of action has a five-year statutory period in Georgia?

Answer 25

A civil action for recovery of damages suffered as a result of childhood sexual abuse must be commenced within five years of the date the plaintiff attains the age of majority.

Question 26

What cause of action has a six-year statutory period in Georgia?

Answer 26

Actions on simple written contracts not governed by UCC Article 2.

Question 27

What cause of action has a seven-year statutory period in Georgia?

Answer 27

Possession of real property under written evidence of title.

Question 28

What cause of action has an eight-year statutory period in Georgia?

Answer 28

Deficiency in survey, plat, planning, design, specifications, supervision, or observation of construction(including personal or property injury and wrongful death arising from the deficiency).

Question 29

What cause of action has a ten-year statutory period in Georgia?

Answer 29

Actions against fiduciaries.

Question 30

What cause of action has a twenty-year statutory period in Georgia?

Answer 30

Adverse possession of real property.

Question 31

What is the general rule for a plaintiff to toll the statute of limitations in Georgia?

Answer 31

The plaintiff must file the lawsuit and make a good-faith effort to serve the defendant within the statutory period.

Question 32

What happens if the complaint is filed before the expiration of the statutory limitations period but service occurs after?

Answer 32

If the complaint is filed within the statutory period but service occurs later, the statute of limitations is tolled, and service relates back to the filing date if done within the allowed five days.

Question 33

What if there is a problem perfecting service within that period?

Answer 33

If service is delayed, the plaintiff must show they were not at fault and acted promptly to perfect service.

Question 34

How is the statute of limitations tolled during minority in Georgia?

Answer 34

The statute does not begin to run against an unemancipated minor until they reach the age of 18.

Question 35

How is the statute of limitations tolled during incapacity in Georgia?

Answer 35

Persons who are legally incompetent can bring an action after their disability is removed, as prescribed for other persons.

Question 36

How is the statute of limitations tolled for fraud by defendant in Georgia?

Answer 36

If the defendant is guilty of fraud by which the plaintiff has been deterred from bringing an action, the period of limitation runs only from the time of the plaintiff’s discovery of the fraud.

Question 37

What is the Discovery Rule to toll the statute of limitations in Georgia?

Answer 37

The discovery rule delays the start of the time limit until the plaintiff knows or reasonably should have known about the harm, whichever occurs first.

Question 38

What is the statutory period for a plaintiff who is a minor under age five in Georgia?

Answer 38

A minor under age five has two years from the date of their 5th birthday to bring a medical malpractice action if the cause of action arose before the minor turned five.

Question 39

What is the statutory period for a plaintiff who is a minor under age five when the negligence occurred but was not discovered in Georgia?

Answer 39

If a minor was under age five when the negligence occurred but was not discovered, they may not sue after their 10th birthday.

Question 40

What is the statutory period for a plaintiff who is a minor age five or older when the negligence occurred but was not discovered in Georgia?

Answer 40

If a minor was age five or older when the negligence occurred but was not discovered, they may not sue more than five years after the date of the negligence.

Question 41

What do statutes of repose do?

Answer 41

Statutes of repose extinguish causes of action after the stated period, even those that have not yet accrued or been discovered.

This is particularly relevant in medical malpractice claims, which are extinguished five years from the date of the act.