Staff Analysis of the Legislation
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Amend 9-11-4. Service upon persons residing in gated and secured communities. Any person authorized to serve process shall be granted access to gated and secured communities for the purpose of performing lawful service of process upon identifying to the guard or agent the person to be served, displaying a current identification, displaying evidence of current appointment as a process server. The person serving the process shall file the proof of such service with the court in the county in which the action is pending within 5 business days of the service date. State wide registration of permanent process servers: a person who files with the clerk of any superior court a motion stating that the movant has been a resident of Georgia engaged in the process serving industry for a least one year preceding the motion and that the movant will serve process in accordance with the law and otherwise complies with the Code section shall be appointed as a permanent process server. Registration shall be effective for two years or until approval is withdrawn by the court. Judicial Council shall maintain a register for this purpose. Before becoming a permanent process server a person must: undergo criminal record check by the AOC through GCIC, pass a test to be administered by the AOC, be approved by the Judicial Council, and swear under oath. A permanent process server shall be required to renew registration every 2 years; failure to renew will result in removal from the register. A permanent process server may be removed at any time by the AOC in accordance with procedures establish by the Agency.
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