Entries by Foss Baker

Georgia’s Five-Day Affidavit of Service Filing Rule Explained

O.C.G.A. 9-11-4(h) provides that a return or affidavit reflecting service on a defendant shall be made and filed within 5 business days of service on the defendant. This causes confusion and concern for litigants who miss that deadline for various reasons such as the sheriff delaying providing the return or the mail delaying the process…

Foreign Service of Process: An Alternative Method

International service of process can be complicated, as there are many laws and regulations that must be complied with to effectuate proper service. A recent decision out of the U.S. District Court for the Southern District of California may provide a way for plaintiffs who are having problems regarding serving foreign defendants, according to JD…

The Three Biggest Issues With International Process of Service

Process of service can be complicated, and international process of service can be even more so. Not surprisingly, issues with international service of process can cause significant headaches when the party initiating the lawsuit is dealing with two or more countries. Indeed, an attorney may ask the process server to purchase plane tickets so that…

Service of Process During Coronavirus

As the coronavirus pandemic continues to infect people across our nation and our governments try to stop the spread, the legal profession keeps getting pushed into uncharted waters. One legal issue that still remains unclear is how service of process will be affected not just for those trying to serve others, but those parties who…

Refusing Service of Process: Interesting Cases

While sometimes the hardest part of serving a defendant to a lawsuit is locating them, sometimes the person is found but outright refuses to accept service. Although not the most ideal way to serve a lawsuit, below are some examples of real-life cases in which the process server had to get creative in order to…

Staying Within the Law When Executing Service of Process

Those who are involved in service of process have difficult work to do. Process servers bear the task of delivering important court documents to individuals and/or entities. Failure to do so properly can ruin a case, particularly if the statute of limitations deadline is near. Many people who are being served with court papers, whether…