How To Get Someone Served
Updated: Feb 5
Process serving is an essential step in the legal process and is the act of delivering legal documents, such as subpoenas, summonses, complaints, writs, and other legal documents to the person to whom they are addressed. In Atlanta, Georgia, the process of serving legal documents is governed by state laws and local court rules. It is important to understand the rules and regulations surrounding process serving to ensure that the legal documents are served properly and in a timely manner.
One of the first steps in the process of serving legal documents in Atlanta is to locate the person to whom the documents are to be delivered. This can be done through a variety of means, including conducting a background check, checking public records, or hiring a private investigator. In some cases, the person to be served may be evasive, and a private investigator may be needed to locate them. Once the person has been located, the legal documents can be served.
The most common way to serve legal documents in Atlanta is through personal service. Personal service involves physically delivering the documents to the person to whom they are addressed. This can be done by a sheriff, a constable, or a private process server. Personal service is considered the most effective and reliable method of service, as it ensures that the person to whom the documents are addressed has received them and is aware of the legal proceedings.
Another way to serve legal documents in Atlanta is through substituted service. Substituted service occurs when a person cannot be located or is evading service, and the documents are left with a person of suitable age and discretion at the person's residence or place of business. This method of service is not as reliable as personal service, as the person to whom the documents are addressed may not receive them or be aware of the legal proceedings. However, it is still a valid method of service in certain circumstances.
Regardless of the method used, it is important to ensure that the legal documents are served in accordance with the rules and regulations set forth by the state of Georgia and the Atlanta courts. This includes providing proof of service, such as an affidavit of service, to the court. Proof of service is a document that verifies that the legal documents have been served and to whom they have been served. It is important to ensure that the proof of service is accurate and complete as it may be used as evidence in court.
Once the legal documents have been served, the person to whom they are addressed has a specific amount of time to respond. This can vary depending on the type of legal document and the specific court case. The time frame for responding to legal documents is typically specified in the documents themselves or in the rules and regulations of the court. Failure to respond within the designated time frame can result in a default judgment being entered against the person. A default judgment is a court ruling in favor of the person who initiated the legal proceedings, as the person to whom the documents were addressed failed to respond.
Hiring a professional process server is the best way to ensure that your legal documents are served properly and in a timely manner. Professional process servers are experienced and knowledgeable about the rules and regulations surrounding process serving and are familiar with the local court rules and regulations. They can ensure that your legal documents are served in accordance with the law and provide you with proof of service that can be used as evidence in court.