Service/Notice to Defendant

Question 1

What are the time requirements for P serving D?

Answer 1

In state process server must serve summons and complaint within 5 days or receipt.

If not met, can still uphold service if P can show due diligence to serve

Question 2

Who can serve process?

Answer 2

Process may be served by the sheriff or deputy for the county where the action is brought or where the defendant is found, by a certified process server, or by an 18 year old American citizen who is specially appointed by the court.

Question 3

What 2 things must proper service in GA satisfy?

Answer 3

GA service of process rules and the Constitution

Question 4

What acronym to remember which methods of service are approved by GA rules?

Answer 4

AWASP! (can sting ya with service)
Abode: D’s last abode w person living there 13+
Waiver: 60 days from complaint w request to waiver
Agent: can serve or waive on registered/managing/responsible agent
Secretary of State: can’t find agent, serve 2 copies to sec’y of st, 1 copy to corp address
Personally: in hand delivery

Question 5

What are additional, special modes of service outside of AWASP?

Answer 5

Publication if: 1) action involves nonresident’s real prop in ga, or 2) sworn affidavit that D can’t be found in GA with DD

GA Tort Claims Act: need notice of tort claim against gov agency within 12 mos of date loss discovered/should’ve been discovered; need notice by certified mail/personal delivery to risk mgt division of dep’t of admin services; also must deliver copy to st gov entity