2. Service Of Process And SOL COPY

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

How are minors served in Georgia?

Answer 5

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

Question 6

How are incompetents served in Georgia?

Answer 6

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

Question 7

How are corporations served in Georgia?

Answer 7

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 8

How are government bodies served in Georgia?

Answer 8

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 9

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

Answer 9

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 10

How are Ante Litem Notices served in Georgia?

Answer 10

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 11

What happens when the required notice for Ante-Litem has been presented?

Answer 11

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 12

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

Answer 12

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 13

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

Answer 13

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

Question 14

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

Answer 14

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

Question 15

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

Answer 15

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 16

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

Answer 16

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 17

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

Answer 17

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 18

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

Answer 18

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

Question 19

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

Answer 19

Possession of real property under written evidence of title.

Question 20

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

Answer 20

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 21

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

Answer 21

Actions against fiduciaries.

Question 22

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

Answer 22

Adverse possession of real property.

Question 23

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

Answer 23

The plaintiff must:

1. file the lawsuit before the time limit expires; and
2. make a good-faith effort to serve process on the defendant within the statutory period.

Question 24

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

Answer 24

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 25

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

Answer 25

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

Question 26

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

Answer 26

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

Question 27

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

Answer 27

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

Question 28

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

Answer 28

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 29

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

Answer 29

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 30

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

Answer 30

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 31

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 31

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

Question 32

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 32

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 33

What do statutes of repose do?

Answer 33

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.