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Georgia Process Server Service of Process in All 159 Counties, Under O.C.G.A. § 9-11-4

In Georgia, anyone other than a sheriff, a marshal or one of their deputies needs a court appointment or a certification under O.C.G.A. § 9-11-4.1 to serve a summons. Served 123 LLC arranges service in all 159 counties through local process servers, with up to three attempts per address. You receive the server’s sworn affidavit of service, signed before a notary.

Questions? Call (800) 321-2377

How Georgia Service of Process Works

  1. 1

    Upload the Summons.

    Send the issued summons and complaint online at any hour, with the Georgia address where the person or company can be found.

  2. 2

    Approve the Quote.

    You get a written quote with the cost and turnaround for that Georgia county before any work begins.

  3. 3

    We Serve. You Get the Affidavit.

    You receive the server’s sworn affidavit of service, signed before a notary, stating the date, place and manner of service.

What to Have Ready

  • The clerk-issued summonsissued on filing and delivered for service
  • The name to give the guardservers identify the person to be served at the gate
  • A minor defendant’s parentserved too, unless the minor is married

Who We Serve in Georgia

  • Individualspersonally, or at the dwelling house or usual place of abode with someone then residing there § 9-⁠11-⁠4(e)⁠(7)
  • Corporationsthe president or another officer, a managing agent or the registered agent § 9-⁠11-⁠4(e)⁠(1)
  • LLCsthrough the registered agent every Georgia LLC must keep § 14-⁠11-⁠209(a)
  • Gated communitiesservers get access for a reasonable time during reasonable hours § 9-⁠11-⁠4(f)⁠(4)

Georgia Quick Answers

Who may serve a Georgia summons under § 9-11-4(c)?
A sheriff, marshal or deputy; a person the court appoints; or a certified process server. § 9-⁠11-⁠4(c) More
Does the five-day service window bind the server?
Within five days of the server receiving it, for service inside Georgia. A later service is not invalidated. § 9-⁠11-⁠4(c) More

Georgia Service of Process Order

Request a free written quote. Each address starts in Georgia. Serving someone in another state? Change the first address’s State and we take you to that state’s page with your entries kept.

Georgia return: the server’s affidavit of service (O.C.G.A. § 9-11-4(h)), signed before a notary.

More Georgia Quick Answers

What if the affidavit of service is filed late?
Proof is due within five business days of service; if it is late, the time to answer starts only when it is filed. § 9-⁠11-⁠4(h) More
Must a gated community let the server in?
Yes, for a reasonable time during reasonable hours, once the server names who is being served and shows photo ID and proof of appointment. § 9-⁠11-⁠4(f)⁠(4) More
What if no corporate officer or agent can be served?
The Secretary of State becomes the corporation’s agent, once the plaintiff certifies in writing that service failed at the registered office. § 9-⁠11-⁠4(e)⁠(1) More
Map of Georgia’s 159 countiesAppling CountyAtkinson CountyBacon CountyBaker CountyBaldwin CountyBanks CountyBarrow CountyBartow CountyBen Hill CountyBerrien CountyBibb CountyBleckley CountyBrantley CountyBrooks CountyBryan CountyBulloch CountyBurke CountyButts CountyCalhoun CountyCamden CountyCandler CountyCarroll CountyCatoosa CountyCharlton CountyChatham CountyChattahoochee CountyChattooga CountyCherokee CountyClarke CountyClay CountyClayton CountyClinch CountyCobb CountyCoffee CountyColquitt CountyColumbia CountyCook CountyCoweta CountyCrawford CountyCrisp CountyDade CountyDawson CountyDecatur CountyDeKalb CountyDodge CountyDooly CountyDougherty CountyDouglas CountyEarly CountyEchols CountyEffingham CountyElbert CountyEmanuel CountyEvans CountyFannin CountyFayette CountyFloyd CountyForsyth CountyFranklin CountyFulton CountyGilmer CountyGlascock CountyGlynn CountyGordon CountyGrady CountyGreene CountyGwinnett CountyHabersham CountyHall CountyHancock CountyHaralson CountyHarris CountyHart CountyHeard CountyHenry CountyHouston CountyIrwin CountyJackson CountyJasper CountyJeff Davis CountyJefferson CountyJenkins CountyJohnson CountyJones CountyLamar CountyLanier CountyLaurens CountyLee CountyLiberty CountyLincoln CountyLong CountyLowndes CountyLumpkin CountyMacon CountyMadison CountyMarion CountyMcDuffie CountyMcIntosh CountyMeriwether CountyMiller CountyMitchell CountyMonroe CountyMontgomery CountyMorgan CountyMurray CountyMuscogee CountyNewton CountyOconee CountyOglethorpe CountyPaulding CountyPeach CountyPickens CountyPierce CountyPike CountyPolk CountyPulaski CountyPutnam CountyQuitman CountyRabun CountyRandolph CountyRichmond CountyRockdale CountySchley CountyScreven CountySeminole CountySpalding CountyStephens CountyStewart CountySumter CountyTalbot CountyTaliaferro CountyTattnall CountyTaylor CountyTelfair CountyTerrell CountyThomas CountyTift CountyToombs CountyTowns CountyTreutlen CountyTroup CountyTurner CountyTwiggs CountyUnion CountyUpson CountyWalker CountyWalton CountyWare CountyWarren CountyWashington CountyWayne CountyWebster CountyWheeler CountyWhite CountyWhitfield CountyWilcox CountyWilkes CountyWilkinson CountyWorth County
All 159 Georgia counties covered

Where We Serve in Georgia

159Counties Covered
Up to 3Attempts Per Address
Same-DayRush Available
NAPPSMember Since 2023

How Long You Have to Serve in Georgia

Georgia’s process statute, O.C.G.A. § 9-11-4, does not state a number of days after filing within which service must be completed. When the complaint is filed, the clerk issues the summons forthwith and delivers it for service.

The clocks the statute does set: for service within this state, the person serving has five days to make service after receiving the summons and complaint, and proof of service is due with the court within five business days of service.

The server’s window
Five Days
Counted from receipt of the summons and complaint, for service inside Georgia. Section 9-11-4(c) provides that missing the five days “will not invalidate a later service.” Under § 9-11-4(h), if proof of service is not filed within five business days, the defendant’s time to answer does not start until it is filed.
General information, not legal advice. If a limitation period is close, ask counsel how late service affects the case.

Georgia Process Rules at a Glance

The key rules of the Georgia Civil Practice Act, O.C.G.A. Title 9, Chapter 11, and the certified process server statute that sits beside it.

5 daysTo make service within Georgia after receiving the summons§ 9-⁠11-⁠4(c)
18+Minimum age of a certified server, or a non-party appointed by the court under (c)(4), including a permanent process server§§ 9-⁠11-⁠4(c)⁠(4), 9-⁠11-⁠4.1(a)
3 yearsTerm of a certified process server’s certification§ 9-⁠11-⁠4.1(a), (c)
Process shall be served by: … (4) A person who is not a party, not younger than 18 years of age, and has been appointed by the court to serve process or as a permanent process server; or (5) A certified process server as provided in Code Section 9-11-4.1.
O.C.G.A. § 9-11-4(c)
Who may serve
The sheriff of the county where the action is brought or where the defendant is found, or a deputy; the marshal or sheriff of the court, or a deputy; a U.S. citizen specially appointed by the court; a non-party at least 18 years old appointed by the court to serve process or as a permanent process server; or a certified process server.
O.C.G.A. § 9-⁠11-⁠4(c)
Certified process servers
Approved by a county sheriff on proof of a fingerprint-based record check with no felony or impersonation conviction, a 12-hour approved course, a passed test, a surety bond or insurance policy, and U.S. citizenship. Certification lasts three years unless a superior court judge withdraws it sooner for good cause, and lets the server work anywhere in Georgia, but only in counties whose sheriff allows certified servers.
O.C.G.A. § 9-⁠11-⁠4.1(a)–⁠(c)
County notice
Before serving in a county for the first time, a certified server files a written notice of intent with that county’s sheriff, good for one year. A certified server who was appointed by a court to serve process, or as a permanent process server, is exempt.
O.C.G.A. § 9-⁠11-⁠4.1(h)
Counties without certified servers
A certified process server may serve only in a county whose sheriff allows certified servers, and, unless the server was appointed by a court to serve process or as a permanent process server, only after filing a written notice of intent with that sheriff. Where certified servers are not allowed, a private person needs a court appointment under § 9-11-4(c)(3) or (4): a special appointment for the case, or appointment to serve process or as a permanent process server.
O.C.G.A. §§ 9-⁠11-⁠4.1(a), (h); 9-⁠11-⁠4(c)
Time to serve
For service inside Georgia, the person serving has five days from receiving the summons and complaint, but the statute provides that failure to serve within that period “will not invalidate a later service.” If a limitation period is close, ask counsel how late service affects the case.
O.C.G.A. § 9-⁠11-⁠4(c)
Individuals
Personal delivery, or copies left at the dwelling house or usual place of abode with a person of suitable age and discretion residing there, or delivery to an agent authorized by appointment or by law. Unless service is waived, the summons and complaint are served together. Exceptions: a minor is served personally and also through a parent, guardian or guardian ad litem (not the parent or guardian of a married minor); a Georgia resident judicially declared of unsound mind or incapable of conducting their own affairs is served personally and also through the guardian, or the guardian ad litem if no guardian has been appointed.
O.C.G.A. § 9-⁠11-⁠4(e)⁠(3), (e)⁠(4), (e)⁠(7)
Counties, cities and other public bodies
A Georgia county, municipality, city or town is served through the chairman of the board of commissioners, the president of the council of trustees, the mayor or city manager of the city, or an agent authorized by appointment to receive service of process. Any other public body or organization subject to an action is served through its chief executive officer or clerk.
O.C.G.A. § 9-⁠11-⁠4(e)⁠(5)
Corporations
A Georgia corporation, or a foreign corporation authorized to do business in Georgia, is served through its president or another officer, a managing agent (an employee at a Georgia office or facility with managerial or supervisory authority), or its registered agent. When service cannot be had that way, the Secretary of State becomes the agent. The plaintiff or the plaintiff’s attorney certifies in writing to the Secretary of State that the papers went by registered mail or statutory overnight delivery to the last registered office or agent, that service cannot be made there, and that the corporation therefore appears to have failed to maintain a registered office or appoint a registered agent in Georgia; a copy of the process and of the affidavit for the court is delivered to the Secretary of State. If the certification shows a known officer’s last known address outside Georgia, the plaintiff, in addition to and after service on the Secretary of State, mails that officer the summons and complaint by registered or certified mail or statutory overnight delivery. Service by certification is answerable not more than 30 days after the Secretary of State receives the certification. A foreign corporation doing business in Georgia without authorization, or a nonresident individual, partnership, joint-stock company or association doing business here, with a managing agent, is served through that managing agent or a registered agent designated for service.
O.C.G.A. § 9-⁠11-⁠4(e)⁠(1)–⁠(2)
LLCs
Every LLC must continuously maintain a registered office and a registered agent for service of process in Georgia, and is ordinarily served through that agent; § 14-11-209(h) says the section is not the only means of serving an LLC. If the LLC has no registered agent, or the agent cannot with reasonable diligence be found at the registered office, the Secretary of State is its agent: the plaintiff or the plaintiff’s attorney certifies in writing to the Secretary of State that the LLC failed to maintain a registered office or appoint a registered agent, that the papers were sent by registered or certified mail or statutory overnight delivery to the most recent registered office on record, and that service cannot be made there, and a copy of the process is delivered to and left with the Secretary of State or a person the Secretary designates.
O.C.G.A. § 14-⁠11-⁠209(a), (f), (h)
Outside Georgia
Under § 9-11-4(g), all process may be served anywhere within Georgia and, when a statute so provides, beyond the state’s territorial limits. A natural person who is a Georgia resident, or who is a defendant in an action affecting specific real property or status or another proceeding in rem, may be personally served outside the state once the court orders it on an affidavit showing those facts and, by affidavit or verified complaint, a claim against a necessary or proper party. Separately, a nonresident subject to Georgia’s long-arm jurisdiction under § 9-10-91, for example on a claim arising from business transacted in Georgia, may be served with a summons outside the state in the same manner as service within Georgia, by anyone authorized to serve under the law of the place of service or by a duly qualified attorney, solicitor, barrister or equivalent there.
O.C.G.A. §§ 9-⁠11-⁠4(f)⁠(2), (g), 9-⁠10-⁠91, 9-⁠10-⁠94
Other methods
The methods in § 9-11-4 are cumulative. They also include service abroad, for example by Hague Service Convention means; and, where the principal sum involved is under the (e)(6) amount and reasonable efforts were made to find someone residing at the defendant’s abode, securely attaching the service copy of the complaint in a conspicuously marked, waterproof packet to the upper part of the door, mailing a copy the same day by certified or registered mail or statutory overnight delivery to the last known address, and making an entry of this on the return of service. The court may also prescribe service where the law does not set the procedure or is unclear.
O.C.G.A. § 9-⁠11-⁠4(e)⁠(6), (f)⁠(3), (j)
Publication
On an affidavit showing the judge or clerk that the defendant resides outside Georgia, has departed from the state, cannot after due diligence be found within it, or conceals himself or herself to avoid service, and an affidavit or verified complaint showing that a claim exists against the defendant and that the defendant is a necessary or proper party, the judge or clerk may order service by publication of summons. The clerk has it published in the paper that prints the sheriff’s advertisements four times within the next 60 days, at least seven days apart. Where the defendant’s residence or abiding place is known, the party obtaining the order advises the clerk, who mails a copy of the notice within 15 days after the order is filed.
O.C.G.A. § 9-⁠11-⁠4(f)⁠(1)
Waiver of service
To avoid costs, the plaintiff may ask the defendant to waive service of a summons. The request goes by first-class mail or other reliable means, refers to § 9-11-4, uses the text prescribed in § 9-11-4(l), and allows at least 30 days from sending to return the waiver (60 days if the defendant is addressed outside any judicial district of the United States). A defendant who returns it on time need not answer until 60 days after the request was sent (90 days if addressed outside any judicial district of the United States). A defendant located within the United States who fails to comply with a request from a plaintiff located within the United States bears the costs later incurred in effecting service unless good cause is shown. Once the plaintiff files the waiver, no proof of service is required.
O.C.G.A. § 9-⁠11-⁠4(d)
Proof of service
Due with the court in the county where the action is pending within five business days of service. A private server proves service by affidavit stating the date, place and manner of service; publication is proved by the clerk’s certificate of publication and mailing; the defendant’s written admission or acknowledgment of service is also proof. If proof is not filed within five business days, the defendant’s time to answer does not start until it is filed. Failure to make proof does not affect the validity of the service.
O.C.G.A. § 9-⁠11-⁠4(h)
Serving a Georgia subpoena
Any sheriff or the sheriff’s deputy, or any other person at least 18 years old, may serve a subpoena, and proof may be a return or certificate endorsed on a copy of it. A subpoena may also be served by registered or certified mail or statutory overnight delivery, with the return receipt as prima facie proof of service; a party may be served through his or her counsel of record. An attorney of record may issue and sign a subpoena obtained from the clerk, as an officer of the court, for any deposition, hearing or trial in that proceeding. A subpoena to attend a hearing or trial may be served anywhere in Georgia. When a subpoena is enforced by contempt, the court considers whether it was served within a reasonable time, and in any event not less than 24 hours before the appearance.
O.C.G.A. §§ 24-⁠13-⁠21(d), 24-⁠13-⁠22, 24-⁠13-⁠24, 24-⁠13-⁠26(a)
Witness fee and mileage
When the witness resides outside the county where the testimony is to be given, service of the subpoena is valid only if accompanied by tender of the statutory witness fee for one day’s attendance plus mileage, in U.S. currency, postal money order, cashier’s check, certified check or the check of an attorney or law firm. No tender is needed when the subpoena is issued on behalf of the State of Georgia, an officer, agency or political subdivision of it, or an accused in a criminal proceeding. Payment of witness fees may not be demanded as a condition precedent to attendance.
O.C.G.A. § 24-⁠13-⁠25
Public and legal holidays
Georgia recognizes and observes as public and legal holidays the days the federal government designates as public and legal holidays, plus any other days the Governor designates and proclaims as public and legal holidays.
O.C.G.A. § 1-⁠4-⁠1(a)

Rules verified October 2026 against the O.C.G.A. sections cited on this page, which the Georgia General Assembly publishes free through the Official Code of Georgia Annotated on LexisNexis. General information, not legal advice. The statute controls.

Ways to Serve a Georgia Defendant

Through Served 123, one order handles each Georgia route set out below: delivery in person or at the abode, corporations and the Secretary of State, door attachment with mailing on small claims, publication, defendants outside Georgia or abroad, and service the court prescribes. Under § 9-11-4(j) these methods are cumulative, so one can follow another. Only the sheriff’s office and a waiver request stay outside the order.

The papers go to the defendant personally. Where a Georgia court requires it, our servers hold the appointment, as a permanent process server appointed by the court under § 9-11-4(c)(4) or a certified process server under § 9-11-4.1.
Private process serverServed 123
§§ 9-⁠11-⁠4(c)⁠(4)–⁠(5),
9-⁠11-⁠4.1
Someone of suitable age and discretion lives at the defendant’s dwelling, or an agent is authorized to receive process
Copy left at the abode, or delivered to the agentServed 123
§ 9-⁠11-⁠4(e)⁠(7)
The defendant is a Georgia corporation or an authorized foreign corporation
The president or another officer, a managing agent or the registered agentServed 123
§ 9-⁠11-⁠4(e)⁠(1)⁠(A)
Service cannot be had on the corporation that way, and you certify a mailing to its last registered office or agent
The Secretary of State as agentServed 123
§ 9-⁠11-⁠4(e)⁠(1)⁠(A)
The defendant lives outside Georgia, has left Georgia, cannot be found after due diligence or is hiding from service
Publication, on an orderServed 123
§ 9-⁠11-⁠4(f)⁠(1)
The principal sum is under the (e)(6) amount and reasonable efforts to find someone at the abode have failed
Packet attached to the door, plus a copy mailed the same dayServed 123
§ 9-⁠11-⁠4(e)⁠(6)
The defendant is a natural person outside Georgia who is a Georgia resident, or the case affects specific real property or status or is another in rem matter
Personal service outside Georgia, on an orderServed 123
§ 9-⁠11-⁠4(f)⁠(2)
The defendant is a nonresident reached by Georgia’s long-arm statute, such as one sued over business transacted in Georgia
Summons served outside GeorgiaServed 123
§§ 9-⁠10-⁠91, 9-⁠10-⁠94
The defendant is in a foreign country and has not waived service
Hague Convention or other agreed meansServed 123
§ 9-⁠11-⁠4(f)⁠(3)
The law does not set the procedure, or the provisions are not clear or certain
Service the court prescribesServed 123
§ 9-⁠11-⁠4(j)

Every route above, one order.

Get a Free Quote Online →
Other routes: the sheriff and waiver (2)
You want the sheriff’s office where the action is brought or the defendant is found
Sheriff or deputy
§ 9-⁠11-⁠4(c)⁠(1)
The defendant is likely to cooperate and you can give at least 30 days to respond (60 if the defendant is addressed outside any judicial district of the United States)
Request for waiver of service
§ 9-⁠11-⁠4(d)

What a Georgia Affidavit of Service Must Show

Section 9-11-4(h) keeps the content short and the timing tight. A private server proves service by affidavit; a sheriff, marshal or deputy may use an affidavit or a certificate. Publication is proved by the clerk’s certificate; a defendant’s written acknowledgment of service also counts.

The server’s sworn affidavit we send you states each item the statute names and is signed before a notary.

  1. 1The date service was made.
  2. 2The place where the papers were delivered.
  3. 3The manner of service (for example personal, abode, officer or agent).
  4. 4The server’s affidavit, as § 9-11-4(h)(2) requires of any server who is not a sheriff, marshal or deputy.
  5. 5Proof with the court in the county where the action is pending, within five business days of service.

How Georgia Service Works With Us

For law firms, in-house legal teams, agencies and self-represented parties with a Georgia defendant.

  1. 1

    Upload the Summons

    Send the issued summons and complaint online at any hour, with the Georgia address where the person or company can be found.

  2. 2

    Approve the Quote

    You get a written quote with the cost and turnaround for that Georgia county before any work begins.

  3. 3

    Up to Three Attempts

    A local process server works the Georgia address, logging each attempt with its date, time and observations.

  4. 4

    The Affidavit

    You receive the server’s sworn affidavit of service, signed before a notary, stating the date, place and manner of service.

Turnaround in Georgia

Routine
First attempt in 5-7 business days. Our standard turnaround.
Preferred
First attempt in 2-3 business days. Priority over standard orders.
Next-Day
First attempt within 2 business days. For deadlines already close.
Same-Day
First attempt the same business day. Plus a same-day rush charge.

For service inside Georgia, § 9-11-4(c) says the person serving “shall make the service within five days” of receiving the summons and complaint, though a later service is not invalidated. Preferred, Next-Day and Same-Day aim the first attempt inside that window; a first attempt is not service.

Every Georgia Order Includes

  • Up to three attempts at each Georgia address (each address is a separate service)
  • Each attempt logged with its date, time and observations
  • The server’s sworn affidavit of service, signed before a notary, stating the date, place and manner of service as § 9-11-4(h) requires
  • Skip tracing available for $55 if the address turns out to be bad

What You Get Back

  • Photos from each attempt
  • The date, time and place of every visit
  • A full report of the attempts if service is not made
Get a Free Quote Online →Online intake is open around the clock.

All 159 Georgia Counties

Georgia has more counties than any state but Texas. Find yours on the map or in the list to start a quote.

Select a countyHover, tap or search to find a county.
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Georgia Service of Process: Questions

Each answer cites the Official Code of Georgia section it comes from. General information, not legal advice.

Does a Georgia summons have to be served within five days of the server receiving it?

For service within Georgia, O.C.G.A. § 9-11-4(c) says the person making service “shall make the service within five days from the time of receiving the summons and complaint,” but failure to serve within the five-day period “will not invalidate a later service.” Section 9-11-4 does not state a number of days after filing within which service must be completed: on filing, the clerk issues the summons forthwith and delivers it for service. If a limitation period is close, ask counsel how late service affects the case.

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What is a certified process server in Georgia?

Under O.C.G.A. § 9-11-4.1, a person at least 18 applies to a county sheriff with proof of a fingerprint-based criminal record check and that they have never been convicted of a felony or of impersonating a peace officer or other public officer or employee, a 12-hour course, a passed test, a commercial surety bond or insurance policy, and U.S. citizenship. The sheriff decides whether to approve. Certification lasts three years and must be renewed. A certified server may serve anywhere in Georgia, but only in counties whose sheriff allows certified servers, and must display their credentials at all times while serving. The Georgia Sheriffs’ Association keeps the registry.

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Can a Georgia certified process server serve in a county whose sheriff does not allow certified servers?

Not as a certified process server. O.C.G.A. § 9-11-4.1(a) lets a certified server serve for any court of the state, anywhere in Georgia, provided that the sheriff of the county where process is to be served allows such servers there. Before serving in a county for the first time, the certified server files a written notice of intent with that sheriff, which only a sheriff who allows certified servers accepts and which is effective for one year; a certified server appointed by a court to serve process, or as a permanent process server, is exempt from that notice under § 9-11-4.1(h). Where certified servers are not allowed, a private person may serve under § 9-11-4(c)(3) or (4): as a U.S. citizen specially appointed by the court for that purpose, or as a non-party at least 18 years old appointed by the court to serve process or as a permanent process server.

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Does a late Georgia affidavit of service delay the answer clock under § 9-11-4(h)?

O.C.G.A. § 9-11-4(h) requires proof of service with the court in the county where the action is pending within five business days of the service date. If it is not filed within five business days, the time for the party served to answer does not begin to run until it is filed. Failure to make proof of service does not affect the validity of the service, and under § 9-11-4(i) the court may, in its discretion and on just terms, allow the proof to be amended unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued. A sheriff, marshal or deputy proves service by affidavit or certificate and any other proper person by affidavit; except for publication, it states the date, place and manner of service.

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When can the Georgia Secretary of State be served for a corporation, and what must the plaintiff certify?

Under O.C.G.A. § 9-11-4(e)(1), a Georgia corporation, or a foreign corporation authorized to transact business in Georgia, is served through its president or another officer, a managing agent (an employee at a Georgia office or facility with managerial or supervisory authority) or its registered agent. When for any reason service cannot be had that way, the Secretary of State becomes its agent. The plaintiff or the plaintiff’s attorney certifies in writing to the Secretary of State that the papers were forwarded by registered mail or statutory overnight delivery to the last registered office or registered agent on the Secretary of State’s records, that service cannot be made at that office, and that the corporation therefore appears to have failed to maintain a registered office or appoint a registered agent in Georgia. A copy of the process and of the affidavit to be submitted to the court is delivered to and left with the Secretary of State or a person the Secretary designates. If the certification shows a known officer’s last known address outside Georgia, the plaintiff, in addition to and after that service, mails the officer a copy of the summons and complaint by registered or certified mail or statutory overnight delivery. Service by certification is answerable not more than 30 days from the date the Secretary of State receives the certification.

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What if a Georgia LLC's registered agent cannot be found at the registered office?

Every Georgia LLC must continuously maintain a registered office and a registered agent for service of process under O.C.G.A. § 14-11-209(a). If it fails to appoint or maintain a registered agent, or the agent cannot with reasonable diligence be found at the registered office, § 14-11-209(f) makes the Secretary of State its agent. The plaintiff or the plaintiff’s attorney certifies in writing to the Secretary of State that the LLC failed to maintain a registered office or appoint a registered agent in Georgia, that the papers were forwarded by registered or certified mail or statutory overnight delivery to the most recent registered office on the Secretary of State’s records, and that service cannot be made there; a copy of the process is delivered to and left with the Secretary of State or a person the Secretary designates. Section 14-11-209(h) says the section is not the only means of serving an LLC.

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Can a process server get into a gated community in Georgia?

Yes. O.C.G.A. § 9-11-4(f)(4) gives any person authorized to serve process access to gated and secured communities for a reasonable time during reasonable hours, after identifying the person or entity to be served to the guard or managing agent, showing a current driver’s license or other government-issued photo ID, and showing evidence of current appointment as a process server. The rule covers multiple residential or commercial properties whose access is restricted by a gate, security device or security attendant; a single residence, farm or commercial property with its own fence or gate is not a gated and secured community under § 9-11-4(f)(4)(A). The server must leave promptly once service is made or cannot be made at that time.

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Can a Georgia subpoena be served by certified mail or statutory overnight delivery?

Yes. O.C.G.A. § 24-13-24 allows service by registered or certified mail or statutory overnight delivery, and the return receipt is prima facie proof of service. The same section lets any sheriff or the sheriff’s deputy, or any other person at least 18 years old, serve a subpoena, with proof by a return or certificate endorsed on a copy, and a party may be served through his or her counsel of record. When the witness resides outside the county where the testimony is to be given, valid service also needs the witness fee tender in § 24-13-25.

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Must the witness fee and mileage be tendered with a Georgia subpoena?

For a witness who resides outside the county where the testimony is to be given, yes: under O.C.G.A. § 24-13-25, service is valid only if accompanied by tender of the statutory witness fee for one day’s attendance plus mileage, which may be made in U.S. currency or by postal money order, cashier’s check, certified check or the check of an attorney or law firm. No tender is needed when the subpoena is issued on behalf of the State of Georgia, an officer, agency or political subdivision of it, or an accused in a criminal proceeding. Payment of witness fees may not be demanded as a condition precedent to attendance.

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Where does a foreign subpoena go in Georgia under § 24-13-112, and when must the Georgia subpoena be served?

Under Georgia’s Uniform Interstate Depositions and Discovery Act, O.C.G.A. § 24-13-110 et seq., a party submits the foreign subpoena to the clerk of superior court of the county where the person receiving it resides, and the clerk promptly issues a Georgia subpoena for service. It incorporates the terms used in the foreign subpoena and contains or is accompanied by the names, addresses and telephone numbers of all counsel of record and of any party not represented by counsel. Section 24-13-112 applies only if the issuing jurisdiction has adopted a version of the Act, and not to criminal proceedings. Under § 24-13-113, when a mandate, writ or commission issues from a court of record in another state, the clerk of superior court of the witness’s county of residence may also issue a subpoena compelling the witness to appear and testify. Either subpoena must be served within a reasonable time before the required appearance (§ 24-13-114), and Georgia’s general subpoena article applies to it (§ 24-13-115), including the 24-hour minimum the court weighs in contempt proceedings under § 24-13-26(a). Our Georgia subpoena domestication page walks through issuance and service.

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