Get GA Affidavit of Diligent Search 2005-2024

Rule 4 of the Federal Rules of Civil Procedure provides that service on a defendant can be accomplished either through “personal service” of a complaint and summons or mail service through a procedure called “waiver of service of summons.”

WHO CAN SERVE legal papers in Georgia. To serve Georgia Process Service, a person must be at least eighteen years old, not a party to the action, and appointed as a permanent process server by that same court.

When service is to be made within this state, the person making such service shall make the service within five (5) 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.

The written admission or acknowledgment of service by the defendant. In the 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.

Time Limit- 90 Days If a defendant is not served within 90 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time.

Summons – By whom served. When service is to be made within this state, the person making such service shall make the service within five (5) 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.

Generally, the wording of the affidavit will be based closely on statements the affiant makes to your lawyer so that they will feel confident signing the finished product. The document must then be signed in front of a notary public.

O.C.G.A. 9-11-4(h) provides that a return or affidavit reflecting service on a defendant shall be made and filed within 5 business days of service on the defendant.