This Service of Process in Georgia article is from MLQ Attorney Services, an attorney services firm in Atlanta, Georgia
Service of process refers to the legal procedure whereby an individual or corporate body must be informed of the jurisdiction of the court in the event of a court case arraigned against them, and the date and time of the case so that they can answer it.
There was a time when the word of lenders was sufficient for debtors to be imprisoned until they paid the debt, but the 5th and 14th Amendments to the Constitution prevented people of being deprived of ‘life, liberty or property’ without due process of law. Service of process is intended to inform them of this ‘due process’.
Although the law itself is federal law, the detail of how the service is carried out varies between states. In some states, then, individuals can agree to respond to a posted service, and then receive a personal service if they fail to respond, but otherwise the service has to be personally delivered. The server then provides an affidavit of service to the person requiring it. There are a number of state laws regarding the service of the process, such as Sundays and public holidays being excluded in some states, and variations in the law of trespass.
That is why a service of process in Georgia should be carried out by someone familiar with Georgia state law. Any contravention of the law, no matter how slight, could enable the defendant to claim the process not to have been legally served, and the case could be dismissed. This is not uncommon, and it can cost you a great deal both in cash and reputation should it occur.
Be sure, then, that service of process is carried out correctly, and that the server is reputable and appropriately trained or licensed according to the requirements of your state, and so avoid the loss of reputation and financial losses that such an error can cost you.