IV. Service of Process

Question 1

Service basically

Answer 1

Mirros FR

Question 2

Who may serve process

Answer 2

must be made by

1. sherriff or marshal or deputy
2. civilian nonparty who is at least age 18 and who is specially apointed by the court
3. OR such civilian appointed by the court as a permanent process server

Narrower than federal rule

Question 3

Timeliness of Service and the SofL

Answer 3

CPA must effect service within five days of receiving the summons and complaint

filing of complaint tolls stat of lim

Question 4

Reasonable and Diligent Service Outside five day period

Answer 4

will be deemed valid if service was made in a reasonable & dilligent manner

otherwise will be deemed tainted

Question 5

Methods of Service

Answer 5

Like federal rules

1. personal service
2. (substitute Service) by leaving process at the defendant’s usual abode with a person of sutiable age and discretion living there
3. OR by serving the defendant’s authorized agent

Question 6

Waiver by first class mail

Answer 6

To do:

1. notify defendant of action though first class mail and request waiver
2. defendant may grant by returning form with 30 days. Timely return allows them to serve an answer until 60 days after the request was sent
3. if does not comply, court shall impose costs to effectuate service including fees for trying to collect fees

Question 7

Service on Corps

Answer 7

May serve by serving any one of the following

• registered agent
• president or other officer, secretary or cashier
• managing agent
• other agent (one whose job shows she represents the corp)

Question 8

Substituted Service on Corp

Answer 8

if can’t do it through normal service may:

1. deliver copy to Sec of State
2. certify by affidavit that alternative service was unavilable
3. forward service to last known registers office or agent listed withSofS even if outside of GA

Question 9

Alternative service on Corp

Answer 9

may serve the corp by registered or certified mail addressed to CEO or secretary as well as on SofS. Only if cannot do normal service

Question 10

Service on Unincorporated Associations

Answer 10

Serve agent or partner

Question 11

Service on Minors

Answer 11

serve minor or his parent or general guardian or guardian ad litem

Question 12

Service out of State

Answer 12

• Georgia domiciliary out of state: service personally where found. Court order based upon affidavit
• Long Arm: can serve out of state if it is someone authorized to serve process there or by a duly licensed attorney there
• NRMA: 1) serve process on GA SofS w/affidavit saying NRMA applies; 2) registered mail of process to defednant; and 3) file defendant’s return receipt and original of affidavit w/ court

Question 13

Service by Pulbication

Answer 13

only as last resort. Must have court order that d cannot be found.

Usually deals with in rem or qir

in personam only when concealing himself in GA

Question 14

Return

Answer 14

Process server must file proof of service (return) prompty after service (no later than the time in which d has to respond)

failure does not affect by validity

affidavit or certification if officer

affidavit if civillian

Question 15

Subsequent DOcuments

Answer 15

Can be served by first class mail or delivery

if by mail, add three days to time to respond