Wednesday, October 6, 2010

That Farging Bastage is HIDING from me! | Service by Publication

     The first thing that you will find out when you first look to the courts to resolve a dispute, hopefully instead of looking to your AK-47 to resolve that same dispute, is that until you give proper notice of the officially declared war against your sworn enemy to that sworn enemy, the court will not give you the satisfaction that you seek.
     It is not as easy as slapping him/her across the face with a well starched glove, and declaring that you demand satisfaction and the restoration of your honour (with or without the "u").  But, either relying on olde English spelling, or olde English customs will not serve you well in a Georgia Superior Court.
     Georgia law requires that the defendant in a civil suit must properly give personal service to the target of that suit (the Defendant) before the court has power to enter a judgment of any kind against him/her.  So whether you seek a divorce, a money judgment, or an injunction to keep your neighbor from having a Tea Dance at 10 am on a Sunday morning, you need to have that rascal properly served.  (please note at this point that "personal service" means service by legally recognized means of the complaint and summons which orders response from the Defendant.  It is not any term recognized by the Urban Dictionary)
     You need to ask your West Georgia Attorney about which method of service is most cost effective, but here is the general layout of what you need to do or know when you file a civil lawsuit.
     First, and easiest, is just paying the county Sheriff to go strolling up in mid-day to the miscreant's place of work or to his/her residence and banging on the door.  It is supremely better if the person is served in their home, as the Georgia State Constitution requires that civil suits occur where the Defendant lives.  However, the unsuspecting, and unrepresented Defendant is often ruled against even when they are served outside their home county, because they don't know what their rights are, or because they think that closing their eyes will minimize the pain of the punch that is being thrown at their face.
     Second, hire a process server who either is a permanent (yearly) appointee of the county, or is appointed for the specific case you are filing.  (have a Georgia Attorney file this paperwork)
     Third, if no-one can find the rascal, you may be able to serve them through publication in the legal newspaper of the county.  (But seriously, if you can't find them, what good is this going to do?)  Maybe it is a divorce case and you desperately want to make the same mistake, and can't until you are legally able to be re-insitutionalized, but perhaps you need to consider whether having a court judgment against a non-findable individual is a suitable expenditure of your time.  (look up "judgment proof")
     Whatever.  It makes no difference whether you are driven by hatred, irrational fear, or by an ignorant boss or client.  In any case, your anarchic situation will be calmed by the soothing balm of a court judgment; and, service by publication is available.  (someday, a comment, and a link to an irrational unethical attorney will be inserted here, but until I leave my current job, this remains unlinked.)
     The critical portion of this process is stating in a sworn affidavit the specific steps that you have taken to find that illusive, tortious, criminal, and/or immoral foe.  Don't just state that you have taken all steps humanly possible, please do explain what those steps were.
     If your efforts were truly adequate (as heroic efforts are not required), the court will issue an order that service by publication is allowed, and the Defendant will have 60 days from the date the court order was entered to respond to the complaint as if they were personally served by the Sheriff or appointed process server.  The Clerk of Court in the meantime had better have published the order 4 times as requred, but that is out of your hands for the most part.  (You may want to follow up with them though)
     Yeah.  But what form do I fill out? . . . .  Listen bub.  You reaaaalllly need to talk to a Georgia Trial lawyer who gives a flip about your personal issues.  Paying him a couple bucks might help as well.  You don't think lawyers are useful?  Well mostly, they think you are  . . . . well . . . . lets just say that you need to improve your attitude more than they do.

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