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Civil procedure

serving defendant with lawsuit

The defendant in a lawsuit must be served (delivered) a summons or citation (an order from the court to appear and answer the lawsuit) and a copy of the lawsuit (1) to provide due process (fairness) by giving the defendant notice of the lawsuit and the opportunity to appear in court and defend the lawsuit; and (2) to give the court personal jurisdiction (authority) over the defendant.

In Georgia, as in all states, the legal process requires that a defendant in a lawsuit be properly served with a summons and a copy of the complaint initiating the lawsuit. This is to ensure due process, which is the constitutional right to be informed of legal action against you and to have a fair opportunity to respond and defend yourself in court. Service of process must be carried out in a manner prescribed by law, which typically includes personal delivery to the defendant, delivery to someone of suitable age and discretion at the defendant's residence, or sometimes by publication if the defendant cannot be located. Once served, the defendant has a specific number of days to respond to the lawsuit, usually by filing an answer with the court. Proper service also establishes the court's personal jurisdiction over the defendant, meaning the court has the authority to make decisions regarding the defendant in the case. Failure to properly serve a defendant can result in delays and could potentially lead to the dismissal of the lawsuit.

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Civil procedure

serving defendant with lawsuit

Individual & Family Legal Plan

Articles

Georgia State Code

Georgia State Code

Civil procedure

serving defendant with lawsuit

Articles