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Thread: Process Server Laws: Georgia

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    Georgia Civil Process Rules




    Title 9. Civil Practice

    9-10-94. Service. A person subject to the jurisdiction of the courts of the state under Code Section 9-10-91, or his executor or administrator, may be served with a summons outside the state in the same manner as service is made within the state by any person authorized to make service by the laws of the state, territory, possession, or country in which service is made or by any duly qualified attorney, solicitor, barrister, or the equivalent in such jurisdiction.
    (Ga. L. 1966, p. 343, § 3.)
    9-11-4. Process.
    (a) Summons - Issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it for service. Upon request of the plaintiff separate or additional summons shall issue against any defendants.
    (b) Summons - Form. The summons shall be signed by the clerk; contain the name of the court and county and the names of the parties; be directed to the defendant; state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address; and state the time within which this chapter requires the defendant to appear and file appropriate defensive pleadings with the clerk of the court, and shall notify the defendant that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint.
    (c) Summons - By whom served. Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by his deputy, or by the marshal or sheriff of the court, or by his deputy, or by any citizen of the United States specially appointed by the court for that purpose or by someone who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service.
    (d) Summons - Personal service. The summons and complaint shall be served together. The plaintiff shall furnish the clerk of the court with such copies as are necessary. Service shall be made by delivering a copy of the summons attached to a copy of the complaint as follows:
    (1) If the action is against a corporation incorporated or domesticated under the laws of this state or a foreign corporation authorized to transact business in this state, to the president or other officer of the corporation, secretary, cashier, managing agent, or other agent thereof, provided that when for any reason service cannot be had in such manner, the Secretary of State shall be an agent of such corporation upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or with any other person or persons designated by the Secretary of State to receive such service a copy of such process, notice, or demand, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The plaintiff or his attorney shall certify in writing to the Secretary of State that he has forwarded by registered mail such process, service, or demand to the last registered office or agent listed on the records of the Secretary of State, that service cannot be effected at such office, and that it therefore appears that the corporation has failed either to maintain a registered office or appoint a registered agent in this state. Further, if it shall appear from such certification that there is a last known address of a known officer of the corporation outside the state, the plaintiff shall, in addition to and after such service upon the Secretary of State, mail or cause to be mailed to the known officer at the address by registered or certified mail a copy of the summons and a copy of the complaint. Any such service by certification to the Secretary of State shall be answerable not more than 30 days from the date the Secretary of State receives such certification;
    (2) If the action is against a foreign corporation or a nonresident individual, partnership, joint-stock company, or association, doing business and having a managing or other agent, cashier, or secretary within this state, to such agent, cashier, or secretary or to an agent designated for service of process;
    (3) If against a minor, to the minor, personally, and also to his father or his mother or his guardian or his duly appointed guardian ad litem (unless the minor is married, in which case service shall not be made on the minor's father or his mother or his guardian);
    (4) If against a person residing within this state who has been judicially declared to be of unsound mind or incapable of conducting his own affairs and for whom a guardian has been appointed, to the person and also to his guardian and, if there is no guardian appointed, then to his duly appointed guardian ad litem;
    (5) If against a county, municipality, city, or town, to the chairman of the board of commissioners, president of the council of trustees, mayor or city manager of the city or to an agent authorized by appointment to receive service of process. If against any other public body or organization subject to an action, to the chief executive officer or clerk thereof;
    (6) If the principal sum involved is less than $200.00 and if reasonable efforts have been made to obtain personal service by attempting to find some person residing at the most notorious place of abode of the defendant, then by securely attaching the service copy of the complaint in a conspicuously marked and waterproof packet to the upper part of the door of the abode and on the same day mailing by certified or registered mail an additional copy to the defendant at his last known address, if any, and making an entry of this action on the return of service; or
    (7) In all other cases to the defendant personally, or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.
    (e) Summons - Other service.
    (1) Service by Publication.
    (A) General. When the person on whom service is to be made resides outside the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of the summons, and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, and it shall appear, either by affidavit or by a verified complaint on file, that a claim exists against the defendant in respect to whom the service is to be made, and that he is a necessary or proper party to the action, the judge or clerk may grant an order that the service be made by the publication of summons, provided that when the affidavit is based on the fact that the party on whom service is to be made resides outside the state, and the present address of the party is unknown, it shall be a sufficient showing of such fact if the affiant shall state generally in the affidavit that at a previous time such person resided outside this state in a certain place (naming the place and stating the latest date known to affiant when the party so resided there); that such place is the last place in which the party resided to the knowledge of affiant; that the party no longer resides at the place; that affiant does not know the present place of residence of the party or where the party can be found; and that affiant does not know and has never been informed and has no reason to believe that the party now resides in this state; and, in such case, it shall be presumed that the party still resides and remains outside the state, and the affidavit shall be deemed to be a sufficient showing of due diligence to find the defendant. This Code section shall apply to all manner of civil actions, including those for divorce.
    (B) Property. In any action which relates to, or the subject of which is, real or personal property in this state in which any defendant, corporate or otherwise, has or claims a lien or interest, actual or contingent, or in which the relief demanded consists wholly or in part of excluding such defendant from any interest therein, where the defendant resides outside the state or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the judge or clerk may make an order that the service be made by publication of summons. The service by publication shall be made in the same manner as provided in all cases of service by publication.
    (C) Publication. When the court orders service by publication, the clerk shall cause the publication to be made in the paper in which sheriff's advertisements are printed, four times within the ensuing 60 days, publications to be at least seven days apart. The party obtaining the order shall, at the time of filing, deposit the cost of publication. The published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him to file with the clerk and serve upon the plaintiff's attorney an answer within 60 days of the date of the order for service by publication and shall bear teste in the name of the judge and shall be signed by the clerk of the court. Where the residence or abiding place of the absent or nonresident party is known, the party obtaining the order shall advise the clerk thereof; and it shall be the duty of the clerk, within 15 days after filing of the order for service by publication, to enclose, direct, stamp, and mail a copy of the notice, together with a copy of the order for service by publication and complaint, if any, to the party named in the order at his last known address, if any, and make an entry of this action on the complaint or other pleadings filed in the case. The copy of the notice to be mailed to the nonresident shall be a duplicate of the one published in the newspaper but need not necessarily be a copy of the newspaper itself. When service by publication is ordered, personal service of a copy of the summons, complaint, and order of publication outside the state in lieu of publication shall be equivalent to serving notice by publication and to mailing when proved to the satisfaction of the judge or otherwise. The defendant shall have 30 days from the date of such personal service outside the state in which to file defensive pleadings.
    (2) Personal service outside the state. Personal service outside the state upon a natural person may be made:
    (A) in any action where the person served is a resident of this state, and
    (B) in any action affecting specific real property or status, or in any other proceeding in rem without regard to the residence of the person served. When such facts shall appear, by affidavit, to the satisfaction of the court and it shall appear, either by affidavit or by a verified complaint on file, that a claim is asserted against the person in respect to whom the service is to be made, and that he is a necessary or proper party to the action, the court may grant an order that the service be made by personal service outside the state. Such service shall be made by delivering a copy of the process together with a copy of the complaint in person to the persons served.
    (f) Territorial limits of effective service. All process may be served anywhere within the territorial limits of the state and, when a statute so provides, beyond the territorial limits of the state.
    (g) Return. The person serving the process shall make proof of service thereof to the court promptly and, in any event, within the time during which the person served must respond to the process. Proof of service shall be as follows:
    (1) If served by a sheriff or marshal, or his deputy, the affidavit or certificate of the sheriff, marshal, or deputy;
    (2) If by any other proper person, his affidavit thereof;
    (3) In case of publication, the certificate of the clerk of court certifying to the publication and mailing; or
    (4) The written admission or acknowledgment of service by the defendant.
    In case of service otherwise than by publication, the certificate or affidavit shall state the date, place, and manner of service. Failure to make proof of service shall not affect the validity of the service.
    (h) Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
    (i) Alternative service. The methods of service provided in this Code section are cumulative and may be utilized with, after, or independently of other methods of service. Whenever a statute provides for another method of service, service may be made under the circumstances and in the manner prescribed by the statute or under any other methods prescribed in this Code section. The provisions for service by publication provided in this Code section shall apply in any action or proceeding in which service by publication may be authorized by law; and, where by law special provision is made for service by publication, the procedure for such service by publication provided in this Code section may be utilized in lieu thereof. In all cases or special proceedings where the requirements or procedure for service, or both, are not prescribed by law and in any situation where the provisions therefor are not clear or certain, the court may prescribe service according to the exigencies of each case, consistent with the Constitution.
    (j) Service in probate courts and special statutory proceedings. The methods of service provided in this Code section may be used as alternative methods of service in proceedings in the probate courts and in any other special statutory proceedings and may be used with, after, or independently of the method of service specifically provided for in any such proceeding; and, in any such proceeding, service shall be sufficient when made in accordance with the statutes relating particularly to the proceeding or in accordance with this Code section.
    (Ga. L. 1966, p. 609, § 4; Ga. L. 1967, p. 226, §§ 1-3, 51; Ga. L. 1968, p. 1036, § 1; Ga. L. 1968, p. 1104, §§ 1, 2; Ga. L. 1969, p. 487, § 1; Ga. L. 1972, p. 689, §§ 1-3; Ga. L. 1980, p. 1124, § 1; Ga. L. 1982, p. 3, § 9; Ga. L. 1984, p. 22, § 9; Ga. L. 1989, p. 364, § 1; Ga. L. 1991, p. 626, § 1; Ga. L. 1993, p. 91, § 9.)
    24-10-23. Service of subpoenas. A subpoena may be served by any sheriff, by his deputy, or by any other person not less than 18 years of age. Proof may be shown by return or certificate endorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail, and the return receipt shall constitute prima-facie proof of service. Service upon a party may be made by serving his counsel of record.
    (Ga. L. 1966, p. 343, § 3.)(Laws 1792, Cobb's 1851 Digest, p. 353; Laws 1799, Cobb's 1851 Digest, p. 276; Code 1863, § 3764; Code 1868, § 3788; Ga. L. 1873, p. 25, § 1; Code 1873, § 3841; Code 1882, § 3841; Civil Code 1895, § 5260; Civil Code 1910, § 5849; Code 1933, § 38-1501; Ga. L. 1966, p. 502, § 1.)
    (a) The acceptance by any nonresident of this state, whether a person, firm, or corporation, of the rights and privileges conferred by the laws now or hereafter enforced in this state permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by any such nonresident anywhere within the territorial limits of this state, shall be deemed equivalent to the appointment by such nonresident of the Secretary of State of Georgia, or his successor in office, to be his true and lawful attorney in fact upon whom may be served all summonses or other lawful processes in any action or proceeding against any such nonresident growing out of any accident or collision in which any such nonresident may be involved by reason of the operation by him, for him, or under his control or direction, express or implied, of a motor vehicle anywhere within the territorial limits of the State of Georgia, and said acceptance or operation shall be a signification of his agreement that any such process against him shall be of the same legal force and validity as if served upon him personally.
    (b) If such nonresident motorist is a minor, then the minor and his parents or guardians shall be deemed to have assented to the appointment by such nonresident minor and his parents or guardians of the Secretary of State of Georgia, or his successor in office, to be the true and lawful attorney in fact for such minor and his parents or guardians, upon whom may be served any summons or other lawful process in any action or proceeding against such nonresident minor, his parents, or guardians growing out of any accident or collision in which any such nonresident minor may be involved by reason of the operation by him, for him, or under his control or direction, express or implied, of a motor vehicle anywhere within the territorial limits of the State of Georgia, and such acceptance or operation shall be a signification of his agreement or an agreement for him by his parents or guardians that any such process against him or them shall be of the same legal force and validity as if served upon him or them personally; and in this respect, the court wherein such action shall have been filed shall be authorized to appoint, upon motion duly made, a guardian ad litem for such minor for the purposes of defending such suit.
    (Ga. L. 1937, p. 732, § 1; Ga. L. 1964, p. 299, § 1; Ga. L. 1967, p. 800, § 1.)
    40-12-2. How service on nonresident made. Service of process upon a nonresident pursuant to Code Section 40-12-1 shall be made by serving a copy of the complaint or other pleading with summons attached thereto on the Secretary of State, his duly authorized agent, or his successor in office, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. Such service shall be sufficient service upon any such nonresident, provided that notice of such service and a copy of the complaint and process are forthwith sent by registered or certified mail by the plaintiff to the defendant, if his address is known, and the defendant's return receipt and the plaintiff's affidavit of compliance with this Code section are appended to the summons or other process and filed with the summons, complaint, and other papers in the case in the court wherein the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section.
    (Ga. L. 1937, p. 732, § 2; Ga. L. 1959, p. 113, § 1; Ga. L. 1965, p. 231, § 1; Ga. L. 1983, p. 1474, § 2; Ga. L. 1984, p. 22, § 40; Ga. L. 1989, p. 364, § 2.)


    Click here: Code for Georgia

  2. #2
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    Hey Kandy -
    I take it you don't need to be licensed in the state of Georgia..
    Read Paragraph (c) ..
    Am I correct? But then when you scroll down to #7 it says something completely different.

  3. #3
    Hi ,
    I have a question about process serves in Georgia. I was told that I must have a letter from the sheriff in the county where I want to do serves that states he has no objection to me doing the serves and to file the letter with the court house to register. When I approached the sheriff, he states he knows of no such rule or letter. I talked with the probate judge and the registrar and they both say they don't know anything about having to register to serve. Has anyone else run up on this kind of road block?? Any help will be greatly appreciated.

    Thanks

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    Petra Post -'s Avatar
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    Kandy,
    I have read in one of the other forums that only US citizens can be process servers... is that correct? Maybe you or Darin can answer that for me... thank you.

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    Linda I Am Truely Sorry About The Incident That Happened With The Sheriff And Judge But It Goes To Show That Some Do Not Know That There Is More To Their Position Than Just Their Title. Maybe Next Time A Copy Of The Code Should Be Available, Proof,and Then If Possible An Explanation Of What If Anything Could Be Done. This Is Just An Opinion No Harm. Deepest Apology.

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    Process Server

    What is a Process Server?
    Is it someone who serves certified papers.
    Rosalind

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    Petra Post -'s Avatar
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    Kanda,
    I am still interested in Process Serving and would like to know where do I go, who do I talk to? Can it be done on my own, just by connecting with certain people?

    Linda,
    Have you gotten anywhere with the Process Serving yet? Maybe you can enlighten me. I would appreciate that.

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    What is process serving?

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    Someone who serves certified papers, has an unusual name.

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    Hello and good Morning Ms. Catherine,
    My name is Shelly and I was doing alittle reading this morning and I came across this forum and wanted to ask you as a longtime I.P.I.U member and one who lives in Georgia just how are things going for you here in our state? I am getting ready to send off for my manual but I wanted to make sure that Georgia has jobs for me here. Are you having really good luck and has everything turned for you the way you thought it would. Have you had any setbacks? I just wanted to get a sense of what I would be facing here in this state.Thanks for your feedback.

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    John Holland

    Shelly, I too am attempting to get assignments in Ga. I am in contact with a Captain in the local Sherriff's Office and he is helping me get with the better agencies here. It's really tough to break through the network, but I've been told that once you do, the assignments are there.

  12. #12
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    Hello all,

    I am a licensed Private Investigator in Ga. I would like to inform you all that no you do not have to be licensed in Ga. to perofrm Process Service duties but you must be appointed in the jurisdiction that you will be performing your duties. Or get specially appointed. No letter form the sheriff is needed or given. Some counties allow you to be appointed and others do not. Fulton /Dekalb / Cobb does. Futlon County allows for permanent process appointments and cobb and dekalb yearly. Good Luck. Get the packet from the clerk of courts that offer appointments. Take care. And remember me when you blow up in the industry. :-}

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    Anthonio,

    Thanks, finally an answer on this process serving that I can put my hands on, lol. I got the run around a little bit already in my county but not giving up yet. I will definitely remember you. Take care and I will see you in the forums.

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    You are quite welcome. When I got into the business I did not have a lot of people to lead me in the right direction either so I promised I would help all I can. You can make a good living if you get enough clients with a good volume of work. I enjoy it. It gets busy and gets slow at times. always have a back up plan in this business. You all take care.

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    Thank you, Anthonio. Could you please share how long you have been in the business and how Ipiu has helped you? I too live in GA, and I am seeking a mentor for this area.

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    Experience.......

    Quote Originally Posted by Maria Hines
    Thank you, Anthonio. Could you please share how long you have been in the business and how Ipiu has helped you? I too live in GA, and I am seeking a mentor for this area.

    I have been in the PI field for 3yrs. IPIU has given me a road to meet and greet other PI's of different experience and goals. I really enjoy the forums, info and replys here. It is a good placew to start as a beginning Investigator. Thanks for asking. Where in Ga. are you? Take care.

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    To Mr. Hightower

    I am encouraged by your agressiveness. I am in Coweta County and needing to explore every option for income. Any tips for Process servers in Coweta? Thank you to everyone for the tips regarding Georgia.

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    To Mr. Hightower

    Just reading your post, nice info. I'm looking to just into this profession after a stint in Law Enforcement, and hoping that background will give me a head start. Again thanks for the info on process serving.

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    Does anyone have info on availabilty of internships/careers in North/Northeast Ga. (Hall, Habersham, Rabun, Lumpkin, White, Stephens, Franklin, Hart, Jefferson, Clarke, Elbert Counties). I do not a law enforcement background but did work closely with adult protective services which covered anything and everything to ethics violations, abuse, theft from home caregivers-resource coordinators-family members involving money,assets,meds. etc. I was and still consider myself required by law to report any violations discovered. I also have my B.A. in Management so hopefully I can get a good start, build a strong ethical, reputable name and foundation to build on and start my own small private firm with my business. He has his real estate license and performs inspections and all types of property business. We both know are sheriff, police chief, 2/3 of mtn. judicial circuit justices, many lawers and paralegals. Any advice that anyone believes would prudent to my goals and getting started would be HIGHLY appreciated!
    Thanks
    Matthew Calvin

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    Re: Process Server Laws: Georgia

    Here's the additional information for Cobb County Permanent Process Server in Georgia. This one is all you need good luck.

    http://sca.cobbcountyga.gov/ProcessServer.htm

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    Re: Process Server Laws: Georgia

    Quote Originally Posted by Anthonio Hightower
    Hello all,

    I am a licensed Private Investigator in Ga. I would like to inform you all that no you do not have to be licensed in Ga. to perofrm Process Service duties but you must be appointed in the jurisdiction that you will be performing your duties. Or get specially appointed. No letter form the sheriff is needed or given. Some counties allow you to be appointed and others do not. Fulton /Dekalb / Cobb does. Futlon County allows for permanent process appointments and cobb and dekalb yearly. Good Luck. Get the packet from the clerk of courts that offer appointments. Take care. And remember me when you blow up in the industry. :-}
    I agree but, I disagree I am not sure about cobb. The paperwork requires that you have a lawyer sign on the good faith of your character and one will not unless you have been with team. Until, that happens you will not get into system unless you have an agency that's well established here within Cobb County. Yeah! Good Luck.

  22. #22

    Re: To Mr. Hightower

    Quote Originally Posted by Katherine Wainscott View Post
    I am encouraged by your agressiveness. I am in Coweta County and needing to explore every option for income. Any tips for Process servers in Coweta? Thank you to everyone for the tips regarding Georgia.
    Hi Katherine. I live in Coweta County also. Have you found out the steps to apply for process server in Coweta?

    Blessings,

    Mark

  23. #23
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    Re: Process Server Laws: Georgia

    Ieed to make up these classes.

  24. #24
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    Re: Process Server Laws: Georgia

    Hello all,

    It has been awhile since I posted anything. How is everybody and the their careers? Do let me know. I hope all those that were trying to get into Process Serving has done so and making the money they want to make. Things with me are slow but still a blessing.

    Take care

  25. #25
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    Re: Process Server Laws: Georgia

    Hello everyone I'm new to Dekalb county, GA. I will be going to the court house on Monday morning to get my package, to become a process server, I hope and pray that I receive some good luck.
    Sincerely
    Andrea Hawkins

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    Re: Process Server Laws: Georgia

    I am a process server in Chatham County... I am still confused about a few things... I there any way I can a guide/packet for my county? Also if the person I am serving lives in my county but works in the next county over-can I still serve him at his job?

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    Re: Process Server Laws: Georgia

    Everyone should be aware of Senate Bill 491 that passed recently. In short it appears to be an action to limit or prohibit the use of certified process servers. This action seems to be backed by the Georgia Sheriffs Association. It does not say anything about permanent process servers however. It also says that a certified process server will have to take classes and jump through several hurdles and then the sheriff can still deny you. Any thoughts?

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    Re: Process Server Laws: Georgia

    I wished I had some answers for you all but my process serving never took of as I wanted it to. I am still keeping up my yearly updates, maybe one day I'll be going into it stronger.

  29. #29
    Tonya Ford's Avatar
    Tonya Ford is offline Private Investigator Forum Member

    2011-2013 Professional Member of:
    International Private Investigators Union (IPIU)
    Join Date
    Aug 2011
    Location
    Georgia
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    46

    Re: Process Server Laws: Georgia

    Thanks for the information

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