Georgia Personal Injury Lawsuit Service of Process on an Out of State Motorist

OR

“How I Learned to Stop Fearing Legal Gibberish and Love Statutory Interpretation."

WARNING!!

     This is an extremely dry three part analysis of how to serve an out of state driver in a civil lawsuit.  If you are looking for fun, humor, and rolicking good fun, you need to click on the above link for the trailer, or CLICK THIS LINK this link to watch one of Peter Sellers greatest creations.

I disavow all responsibility for any actions you take after having read this.

You need to report to a Georgia Personal Injury Attorney and get your legal advice there.

                         (YOUR LAWFIRM'S NAME HERE!!)

PART ONE – The exact words that have been enacted into law:

O.C.G.A.§ 40-12-2. Service of process on Secretary of State

Service of process upon a nonresident pursuant to Code Section 40-12-1 shall be made by serving a copy of the complaint or other pleading with summons attached thereto on the Secretary of State, his duly authorized agent, or his successor in office, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. Such service shall be sufficient service upon any such nonresident, provided that notice of such service and a copy of the complaint and process are forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff to the defendant, if his address is known, and the defendant's return receipt and the plaintiff's affidavit of compliance with this Code section are appended to the summons or other process and filed with the summons, complaint, and other papers in the case in the court wherein the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section.

PART TWO – Breakdown the run-on sentence and parse the subjects, objects, and connectors

à SERVICE

ON non-resident motorist

MADE BY

SERVICE

            OF Summons and Complaint (or other pleading with summons attached thereto)

            ON Secretary of State; his duly authorized agent, or his successor in office

                        ALONG WITH

                                    Affidavit of compliance with this Code section

            AND

                        (IF the Defendant’s address is known)

                        NOTICE of service by O.C.G.A. § 40-12-2 and A COPY of the Complaint and Process

                        ARE SENT BY

1)     Registered mail,

2)     Certified mail, or;

3)     Statutory overnight delivery

BY the Plaintiff

TO the Defendant

AND

            The Defendant’s return receipt, and;

            The Plaintiff’s Affidavit of compliance with this code section

Are appended to

1)     the summons; or

2)     other process

AND

3)     FILED WITH the

a.      Summons,

b.      Complaint, and;

c.      Other Papers

In the case where the action is pending

àThe Secretary of State can charge the Plaintiff for service in this manner.

PART 3 – Translate (if possible) into “Common Speak”

     If you are filing a lawsuit in Georgia against an out of state driver, you can serve that driver by mailing the lawsuit to the Georgia Secretary of State as long as you pay for tracking and delivery confirmation.  You must include an affidavit that states you understand and have complied with the law in serving in this manner.  You must file a copy of everything you sent to the Secretary’s office with the court where you filed the lawsuit.

Now WHY didn't they just say that?

BECAUSE Troy, and OTHERS, words MEAN THINGS!

AND, because Part 3 leaves out so many details, that although you may think you know what it means, it really is not as helpful as you think, and leaves out many important details!

P.S.

Eli Manning looks really STUPID wearing little Tinker Bell wings in that Direct TV commercial.