William M. Windsor, candidate for U.S. House of Representatives, has introduced state legislation designed to reform the legal and judicial process. These are changes that Windsor says are desperately needed.
The legal systems and judicial systems in Georgia and every state in America must be reformed. Dishonesty and corruption have stolen the rights of every American.
This is Part 3 of a series of articles that will address the proposed legislation for Georgia. This proposed legislation makes simple changes to the statutes on Service of Process.
Judges use a variety of techniques to break the law, and unscrupulus attorneys may advise clients to evade service of process. These simple changes add a fundamental means of service of process that has long been allowed in the federal courts. These changes will help to ensure that dishonest attorneys and dishonest judges do not deprive Georgia citizens of their rights.
The changes to the existing Georgia Code statute are changes to sections 9-4-11 (c) and 9-11-4(e):
TITLE 9. CIVIL PRACTICE
CHAPTER 11 – CIVIL PRACTICE ACT
ARTICLE 2 – COMMENCEMENT OF ACTION AND SERVICE
Â§ 9-11-4. Process.
(c) Summons — By whom served. Process shall be served by:
(4) A person who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought Any person who is at least 18 years old and not a party; or
Notes: The current statute significantly limits the manner in which parties may be served, and it requires parties to spend money that many litigants cannot afford. There is no reason for the state statute to make it harder to serve process than federal statutes allow.
Â§ 9-11-4 – Process
(1) If the action is against a corporation, partnership, limited liability company, or limited liability partnership (“legal entity”) incorporated or domesticated under the laws of this state or a foreign corporation legal entity authorized to transact business in this state, to the president or other officer of the corporation legal entity, secretary, cashier, managing agent, or other agent thereof, provided that when for any reason service cannot be had in such manner, the Secretary of State shall be an agent of such corporation legal entity 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, and that it therefore appears that the corporation legal entity 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 legal entity 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 legal entity 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;
(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, or place of business 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.
Notes: The Georgia Code has failed to address service on newer forms of legal organization, Limited Liability Companies and Limited Liability Partnerships. This amendment addresses this omission. Georgia Code also fails to provide for service at a place of business. Many people keep their home addersses confidential, and business addresses are easier to identify.
* Changes to the existing statute are shown in yellow.
I, William M. Windsor, am not an attorney. This website expresses my OPINIONS. The comments of visitors or guest authors to the website are their opinions and do not therefore reflect my opinions. Anyone mentioned by name in any article is welcome to file a response. This website does not provide legal advice. I do not give legal advice. I do not practice law. This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption. Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed. Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website. The law is a gray area at best. Please read our Legal Notice and Terms.