Georgia Service of Process Rules
Georgia
State Serve Rules
Affidavit
Notary
Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve incapacitated individual + care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Yes, state requires service directly on the incarcerated person
Service to a minor
y (unless minor married)
Proof Specialists
Mirrors Fed Rules
No
M&O
Required, if server does not have apt for court
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion residing at same address
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - Servers
Must use the posted doc as the affidavit
Additional rules - TM
Mailing required
Mailing
Certified Mail
No
Mail always?
Yes
Mail if posted
Required
Mail if subserve
No
Mail SLA
Same day
Posting Rules
Due Diligence Prior to Posting
Not Required
Posting
Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
Darwin/ June Jane Legal (Wakhisi)/ Second Ave Posted Doc as Aff. Mailing with Certificate (affidavit) required if sub-served or posted
Affidavit
Notary for Notice
Required
Mailing
Certified Mail
No
Mail always?
Yes
Mail SLA
Same day
Proof Specialists
Server/Marshal Required?
No license required
**MINOR**
+ Father, mother, guardian, or duly appointed guardian ad litem
+ IF married, on minor
**Private Mailbox service:** not allowed
**Notary:** Required
**Civil Subpoenas: personal service only**
**Can serve on Sundays**
**INDIVIDUAL**
+ Personal
+ Substituted
+ Dwelling/house/Usual place of abode on co-resident of suitable age and discretion
**POSTING (EVICTIONS)**
+ Allowed only if in rental agreement
- Mail copy in addition to posting
**INCAPACITED PERSON**
+ Guardian or conservator of Estate
**CORPORATIONS, PARTNERSHIPS, LLCs**
+ Registered agent, president, officer, managing agent, partner
**PUBLIC ENTITY - STATE**
+ Attorney General, or a person designated by the Attorney General in office
**PUBLIC ENTITY - COUNTIES, CITIES, ETC.**
+ Presiding officer of the governing body or their agent
**Ga. Laws 392,§ 5 (d)**
+ Posted in a sealed envelope conspicuously on the door of the property
**GA Law O.C.G.A. § 9‑11‑4 (h)**
+ In Georgia, the document proving service of legal documents (return or affidavit of service) must be filed with the court within five (5) business days of the service occurring, as stated in O.C.G.A. § 9‑11‑4(h).
**Georgia Envelope Requirement (effective 7/1/2024)**
+ All GA postings must be in an envelope as of 7/1/2024
**Georgia Photo Documentation**
+ Clients require a photo of the envelope on the door
