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HB 0292 - Civil practice process; gated and secured communities; provide for service

Tracking Level: Monitor
Sponsor: Willard,Wendell 49th
Last Action: 4/20/2007 - House Withdrawn, Recommitted
House Committee: Judy
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
08. Probate CourtsNext Bill
09. Magistrate CourtsNext Bill
10. Municipal CourtsNext Bill
CivilNext Bill

Staff Analysis of the Legislation

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 a reasonable period of time for the purpose of performing lawful service of process upon: identifying to the guard or managing agent the person, persons, entity, or entities to be served, displaying a current driver´┐Żs license or other ID, and displaying evidence of current appointment as a process server.  The person serving process shall file the proof of such service with the court in the county in which the action is pending within five business days of the service date.  If the proof of service is not filed, the time for the party served to answer the process will not begin to run until such proof is filed. 


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 bona fide resident of Georgia and engaged in the process serving industry for at least one year shall be appointed as a permanent process server.  The clerk shall register the appointment with the Judicial Council who shall maintain a register for this purpose.  Before being authorized to act as a permanent process server the server must: undergo a criminal background check by the AOC, pass a test administered by the AOC, be approved by the Judicial Council, and swear a statement under oath.

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text