Bill Text: GA SB348 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Civil Practice; personal service of a summons on a corporation; provisions
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2012-03-07 - Senate Tabled [SB348 Detail]
Download: Georgia-2011-SB348-Comm_Sub.html
12 LC 36
2039S
The
Senate Special Judiciary Committee offered the following substitute to SB
348:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to
process, so as to change provisions relating to personal service of a summons on
a corporation; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 9-11-4 of the Official Code of Georgia Annotated, relating to process,
is amended by revising subsection (e) as follows:
"(e)
Summons —
Personal service. Except for cases in
which the defendant has waived service, the summons and complaint shall be
served together. The plaintiff shall furnish the clerk of the court with such
copies as are necessary. Service shall be made by delivering a copy of the
summons attached to a copy of the complaint as follows:
(1)
If the action is against a corporation incorporated or domesticated under the
laws of this state or a foreign corporation authorized to transact business in
this state, to
the
president or other officer of the corporation, secretary, cashier, managing
agent, or other
the
registered agent thereof, provided that
when for any reason service cannot be had
in such
manner
on the
registered agent, the Secretary of State
shall be an agent of such corporation upon whom any process, notice, or demand
may be served. Service on the Secretary of State of any such process, notice,
or demand shall be made by delivering to and leaving with him or her or with any
other person or persons designated by the Secretary of State to receive such
service a copy of such process, notice, or demand, along with a copy of the
affidavit to be submitted to the court pursuant to this Code section. The
plaintiff or the plaintiff's attorney shall certify in writing to the Secretary
of State that he or she has forwarded by registered mail or statutory overnight
delivery such process, service, or demand to the last registered
office
or agent listed on the records of the
Secretary of State, that service cannot be effected
at such
office
upon the
registered agent, and that it therefore
appears that the corporation has failed
either to
maintain a registered office or to appoint
a registered agent in this state.
Further, if
it shall appear from such certification that there is a last known address of a
known officer of the corporation outside the state, the plaintiff shall, in
addition to and after such service upon the Secretary of State, mail or cause to
be mailed to the known officer at the address by registered or certified mail or
statutory overnight delivery a copy of the summons and a copy of the
complaint. Any such service by
certification to the Secretary of State shall be answerable not more than 30
days from the date the Secretary of State receives such
certification;
(2)
If the action is against a foreign corporation or a nonresident individual,
partnership, joint-stock company, or association, doing business and having a
managing or other agent, cashier, or secretary within this state, to such agent,
cashier, or secretary or to an agent designated for service of
process;
(3)
If against a minor, to the minor, personally, and also to such minor's father,
mother, guardian, or duly appointed guardian ad litem unless the minor is
married, in which case service shall not be made on the minor's father, mother,
or guardian;
(4)
If against a person residing within this state who has been judicially declared
to be of unsound mind or incapable of conducting his or her own affairs and for
whom a guardian has been appointed, to the person and also to such person's
guardian and, if there is no guardian appointed, then to his or her duly
appointed guardian ad litem;
(5)
If against a county, municipality, city, or town, to the chairman of the board
of commissioners, president of the council of trustees, mayor or city manager of
the city or to an agent authorized by appointment to receive service of process.
If against any other public body or organization subject to an action, to the
chief executive officer or clerk thereof;
(6)
If the principal sum involved is less than $200.00 and if reasonable efforts
have been made to obtain personal service by attempting to find some person
residing at the most notorious place of abode of the defendant, then by securely
attaching the service copy of the complaint in a conspicuously marked and
waterproof packet to the upper part of the door of the abode and on the same day
mailing by certified or registered mail or statutory overnight delivery an
additional copy to the defendant at his or her last known address, if any, and
making an entry of this action on the return of service; or
(7)
In all other cases to the defendant personally, or by leaving copies thereof at
the defendant's dwelling house or usual place of abode with some person of
suitable age and discretion then residing therein, or by delivering a copy of
the summons and complaint to an agent authorized by appointment or by law to
receive service of process."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
