Get Ga Appointment Of Permanent Process Server Packet - Fulton County 2017-2025

A subpoena may be served by any sheriff, deputy, or any other person not less than eighteen 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.

Process servers are prohibited from trespassing on private property to serve process in nearly every state in the United States.

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 ...

Process servers must operate within the law. They certainly can't break into someone's home to leave papers there. They can't trespass either. However, they can often wait outside someone's home as long as they are not trespassing on their property.

What happens if you cannot serve the defendant? The other side can make a Laches defense. In that case, the process server must make detailed notes of his service attempts in order to provide enough information that the case not be dismissed due to lack of service.

This must be done through a neutral third party who is an authorized process server in Georgia – if you, a family member, or your attorney simply hand the documents to the opposing party, he or she has not been properly served and you run the risk of having the case dismissed for improper service.

In some situations where the process server truly failed to serve you the court papers properly, the court cannot pass a judgment against you because it has no personal jurisdiction over you. Thus, they will postpone the case to another court date where the process server will attempt to serve you again.