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Question Regarding Service

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"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."

The above was taken from the Georgia rules of civil procedure (process serving laws) here - http://www.serve-now.com/resources/process-serving-laws/Georgia

That doesn't help too much! I think I'd call your county courthouse and just ask them when a suit is filed, how long do they have to send a summons. :)++

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Guest usctrojanalum

The norm or average I would say is like 120dayish, from what I've seen in most places. I've seen it be as little as 90 days and as many as 180. but you will be looking at a time somewhere in there. Also, I have seen plaintiff's ask for permission for additional time to serve.

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Sued in April 2009

Default Judgment awarded as we did not know about the suit and were never served.

September 2010, plaintiff uses default judgment to garnish checking account in a different court.

We immediately file a motion to set aside, and also file an answer.

October 2010 - we successfully traverse the garnishment, as plaintiff fails to follow Georgia Law in serving notice of garnishment. Garnishment is set aside.

November 2010 - Plaintiff files a response to our motion to set aside, moves the court to rule against our motion.

We file a RULE NISI requesting hearing. Court grants hearing and schedules for late January 2011.

January 24, 2011 - We present evidence that we were out of state on the date that service certificate indicates we were served. Court rules that service was fraudulent and motion to set aside judgment is granted.

February 25, 2011 - We file motion to dismiss with prejudice, citing that defendant has not been served, court lacks jurisdiction.

March 15, 2011 - Plaintiff files an answer and requests an additional 60 days continuance in order to "perfect service".

Any advice going forward?

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