Service of Process

Question 1

Who may serve

Answer 1

1) Sheriff or deputy

2) any person over 18 authorized by the court (federal court any nonparty over 18)

Question 2

Timeliness and Statute of limitation

Answer 2

In Ga., a cause of action does not commence until both the filing of a complaint and the service of process has occurred. The statute of limitation is tolled for 5 days for the authorized person to commence service on the D. Even if more than 5 days by, the statute of limitations will begin on the day of the filing of the complaint if service is commenced in a “reasonable and diligent manner”

Essentially, as long as the plaintiff did not do anything to delay the service and the reason service is not made timely because of the sheriff’s department then for statute of limitations service will begin at time complaint is filed.

Question 3

General method of service

Answer 3

1) personal service;
2) leaving process with someone usual abode with a person of suitable age and discretion residing there; or 3) by serving the D’s authorized agent.

Question 4

Waiver of Service by First Class Mail

Answer 4

Under Ga or federal rule 4, a Plaintiff can notify a D by sending the complaint first class asking D to waive service of summons.

D can choose to waive service and will have 60 days to answer.

If D chooses not to waive court can impose court costs and attorney fees to perfect service.

Question 5

Serving Corp.

Answer 5

Registered agent, President, officer, secretary or cashier, managing agent.

If none of this, then service can be made by sending summons and complaint to secretary of state with certifying affidavit that unable to perfect service.