My question involves small claims court in the state of: Georgia
Do I need to have a process server mail motions, or can I simply mail them to the defendant? Do I need to sign an affadavit of some sort?
My question involves small claims court in the state of: Georgia
Do I need to have a process server mail motions, or can I simply mail them to the defendant? Do I need to sign an affadavit of some sort?
The Georgia Civil Practice Act allows for the mailing of motions as a method of delivery:
http://law.justia.com/codes/georgia/...icle-2/9-11-5/
Yes.
You include an affidavit of service at the end of the Motion document.
Here's the format:
https://www.fultoncourt.org/family/f...ateService.pdf
You can omit the case, court and party information since it's already at the beginning of your motion. Just use the body of the text.
Whichever method you pick (a or b) you can omit the one you don't pick.
In other words, modify the format to suit your needs without straying too far from the basic idea.
Do I need to mail a copy of the certification? Or can I just file it?
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I forgot to mention, I am pro se, and not an attorney.
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Also, if the Defendant is a corporation, should I mail motions and this to the registered agent, or the address that was used to answer the complaint?
The certificate or affidavit of service gets tacked on to the end of the motion so that it becomes a single document that you mail to the defendant and file a copy with the court.
Didn't have to mention it. I could tell.
According to the magistrate court rules the address in the answer is the address where the defendant wants to receive notices from the court so it's likely the primary place to send it. Wouldn't hurt to send a duplicate to the registered agent as well.
Check out the Magistrate Court Civil Proceedings section:
http://law.justia.com/codes/georgia/...-10/article-3/