Service of Process

Question 1

Who may serve process?

Answer 1

Sheriff or marshal or deputy

Civilian nonparty who is:

• at least 18 years of age; and
• specially appointed by the court

Civilian** appointed by the court as a **permanent process server

Question 2

When must a party be served in relation to the statute of limitations?

Answer 2

The process server must effect service within five days of receiving the summons and complaint

If a complaint is not served within five days OR within the limitations period**, service will be **valid if:

• service was made in a reasonable and diligent manner
• otherwise, the service will be deemed tainted

Question 3

Generally, how may a process server effect proper service on individuals in-state?

Answer 3

Personal service

Leaving process at the defendant’s usual abode with a person of suitable age and discretion who resides therein

Serving the defendant’s authorized agent

Waiver by first-class mail

• plaintiff must notify the defendant of the action by sending by first class mail a copy of the complaint and a form asking the defendant to waive service
• defendant must return form within 30 days of when request was sent

Carrot and stick with waiver:

• if valid waiver, then may answer the complaint 60 days after the date on which request for waiver was sent (as opposed to 30 days)
• if defendant doesn’t comply with the request for waiver, the court shall impose costs incurred in effecting service of process (including attorney’s fees)

Question 4

How may a party effect service on corporations, unincorporated associations, minors, and out of state defendants?

Answer 4

Corporations:

• registered agent
• President, officer, secretary, cashier
• managing agent
• other agent whose job shows she can act responsibly and forward the service on to the correct person
• if outside of Georgia, sent by registered or certified mail to out-of-state address
• Ga. Corp. Code–if cannot effect service on the registered agent, may serve by registered or certified mail addressed to the CEO or secretary of corp at its principal office. Copies of the service documents must also be served on the Secretary of State

Unincorporated associations

• serve the agent or partner in Georgia

Minors

• personal service; and
• personal service on the parent, general guardian, or guardian ad litem

Out of State Defendants:

• Georgia domiciliary outside–1) serve personally where found and 2) court order based on affidavit
• Long Arm Statute–1) any method permitted by Georgia law but 2) by someone authorized to serve process in that state OR a dulty licensed attorney there
• Nonresident Motorist Act–1) process on the Georgia Secretary of State with a copy of the affidavit showing that NRMA applies; 2) registered or certified mail of process to defendant; and 3) file defendant’s return receipt and original of affidavit with the court
• Service by publication–plaintiff’s affidavit that defendant cannot be found in Georgia

Question 5

What is the effect of a proof of service (“return”)?

Answer 5

Does not affect the validity of service

Functions as proof of valid service

Question 6

Describe serving an unincorporated association.

Answer 6

If the plaintiff sues the association, it can reach the association’s assets.

If the plaintiff seeks to reach the assets of its the members**, must **sue** them **individually as well