Georgia Servicing Agreement
Description
How to fill out Servicing Agreement?
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FAQ
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 ...
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.
Process Servers Can Give Papers to Someone Else Again, one option when a process server is unable to serve someone is to leave them with another party. This must be an individual over the age of 18 who is able to understand why delivering the papers is important.
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.
Any action in which no written order is taken for a period of five years shall automatically stand dismissed, with costs to be taxed against the party plaintiff. For the purposes of this Code section, an order of continuance will be deemed an order.
Notorious: If the Deputy is attempting personal service and someone of suitable age (this does not have to be someone 21 years of age or older) other than the named Defendant accepts service of affidavit, notorious service has been achieved.
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.
Under well-established Georgia law, without proper service or a valid waiver of service, the court does not have jurisdiction over the defendant.
