Process service · Asia & PacificOverview
Process Server in Georgia: How Service of Process Works
Georgia's rules on who may serve are among the most confusing in the country. O.C.G.A. § 9-11-4(c) allows service by the sheriff or marshal, by a citizen specially appointed by the court, by a permanent process server appointed by the court where the case is filed, or by a certified process server, but only if the sheriff of the county allows certified servers. Georgia's sheriffs have generally not allowed them, and the Georgia Supreme Court left that in place in 2017. In practice, private service in Georgia is done by servers appointed by the court where the case is filed.
Who serves process
Who Can Serve Legal Documents in Georgia
Under O.C.G.A. § 9-11-4(c), process may be served by the sheriff or deputy of the county where the case is brought or the defendant is found, by the court's marshal, by a U.S. citizen specially appointed by the court, by a person at least 18 and not a party who has been appointed as a permanent process server by the court where the action is filed, or by a certified process server under § 9-11-4.1.
A certified process server may serve only where the county sheriff allows it, and Georgia's sheriffs have generally refused. In Georgia Association of Professional Process Servers v. Jackson (2017), the Georgia Supreme Court did not overturn that position. As a result, attorneys use private servers who are specially or permanently appointed by the court in which the case is filed.
Typical documents include summonses and complaints, dispossessory (eviction) papers, divorce and custody papers, subpoenas and garnishment documents.
Proof you receive: certificate or sworn affidavit
A court-appointed server files a sworn affidavit of service stating how, when and where service was made; the sheriff files an entry of service.
Court-appointed process service
Service by private servers appointed by the court where your case is filed, so service holds up under O.C.G.A. § 9-11-4(c).
Atlanta metro and statewide
Service in Fulton, DeKalb, Cobb, Gwinnett and all 159 Georgia counties, including abode service.
Sheriff coordination
Where a sheriff must serve, we prepare the papers and track the entry of service for you.
The rules
Georgia Service of Process Rules
The Georgia laws that matter most for service:
| Rule | What it covers |
|---|---|
| O.C.G.A. § 9-11-4(c) | Who may serve, including special and permanent appointments |
| O.C.G.A. § 9-11-4.1 | Certified process servers (only where the sheriff allows) |
| O.C.G.A. § 9-11-4(e) | Methods of service on individuals and entities |
| O.C.G.A. § 9-11-4(h) | Proof of service |
| O.C.G.A. § 9-11-12(a) | 30 days to answer after service |
| GAPPS v. Jackson (Ga. 2017) | Sheriffs' refusal to allow certified servers left in place |
Treaties
Hague Service Convention and Georgia
Georgia is a party to the Hague Service Convention, so documents can be sent to its Central Authority, which arranges service and returns a Certificate of Service. We check its declarations on postal and direct service before choosing a method.
Georgia is also a party to the Hague Evidence Convention, so witness testimony and documents can be requested with a Letter of Request.
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