J. Richard Schnabel v. Jonathan Ray Wells, James Pickerel, Joyce Pickerel, 922 F.2d 726 (11th Cir. 1991). · Go Syfert
J. Richard Schnabel v. Jonathan Ray Wells, James Pickerel, Joyce Pickerel, 922 F.2d 726 (11th Cir. 1991). Cases Citing This Book View Copy Cite
80 citation events (35 in the last 25 years) across 12 distinct courts.
Strongest positive: Victoria Winborn v. Leeds, Alabama, City of, et al. (alnd, 2026-04-06)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Victoria Winborn v. Leeds, Alabama, City of, et al.
N.D. Ala. · 2026 · confidence medium
See In re Cooper, 971 F.2d 640, 641 (11th Cir. 1992); see also Prisco v. Frank, 929 F.2d 603, 604 (11th Cir. 1991) (“the complaint must be dismissed”); Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir. 1991) (dismissal without prejudice was mandated by Rule 4(m)).
discussed Cited as authority (rule) Myles v. Allstate Insurance Company
S.D. Ga. · 2025 · confidence medium
See Garvich, 2022 WL 1531701 , at *2; Marcus v. Postmaster Gen., 461 F. App’x 820, 822-23 (11th Cir. 2011) (per curiam) (finding dismissal without prejudice appropriate where service not timely perfected under Federal Rules of Civil Procedure); Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991) (same).
cited Cited as authority (rule) Kency v. Wormuth
S.D. Ga. · 2024 · confidence medium
See Marcus v. Postmaster Gen., 461 F. App’x 820, 822-23 (11th Cir. 2011) (per curiam); Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991).
cited Cited as authority (rule) Kency v. Wormuth
S.D. Ga. · 2024 · confidence medium
See Marcus v. Postmaster Gen., 461 F. App’x 820, 822-23 (11th Cir. 2011) (per curiam); Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991).
discussed Cited as authority (rule) Griffin v. Philips
S.D. Ga. · 2023 · confidence medium
Albra v. Advan, Inc., 490 F3d 826, 829 (11th Cir. 2007) (“A defendant’s actual notice is not sufficient to cure defectively executed service.”); Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir. 1991) (“If a defendant receives mail service [i.e., a request to waive personal service pursuant to former Rule 4(c)(2)(C), current Rule 4(d)], but chooses not to respond, the plaintiff must effect personal service.
cited Cited as authority (rule) Collins v. Tort Law Group
S.D. Ga. · 2022 · confidence medium
See Marcus v. Postmaster Gen., 461 F. App’x 820, 822-23 (1 Ith Cir. 2011) (per curiam); Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991).
cited Cited as authority (rule) Wiley v. Department of Veterans Affairs
S.D. Ga. · 2020 · confidence medium
See Dixon v. Blanc, 796 F. App’x 684 , 686-87 (11th Cir. 2020) (per curiam); Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991).
discussed Cited as authority (rule) FOY V. WILSON, SECRETARY OF AIR FORCE (2×) also: Cited "see"
M.D. Ga. · 2019 · confidence medium
Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir. 1991).
discussed Cited as authority (rule) Tina M. Lepone-Dempsey v. Carroll County Comm'rs
11th Cir. · 2007 · confidence medium
Hanover Trust Co. v. Ponsoldt, 51 F.3d 938, 940 (11th Cir.1995) (citing to Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991)), superseded in part by rule as stated in Horenkamp, 402 F.3d at 1132 n. 2.
cited Cited as authority (rule) Earl Williams, Jr. v. Steve Robbins
11th Cir. · 2005 · confidence medium
Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991) (interpreting the 120-day period as it appeared in Fed.R.Civ.P. 40)).
cited Cited as authority (rule) Wearing v. Savannah State University
11th Cir. · 2005 · confidence medium
Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991) (interpreting the 120-day period as it appeared in Fed.R.Civ.P. 4(j)).
cited Cited as authority (rule) Pompey v. Lumpkin
M.D. Ala. · 2004 · confidence medium
Brown v. Nichols, 8 F.3d 770, 775 (11th Cir.1993) (analyzing former Rule 4(j)); In re Cooper, 971 F.2d 640, 641 (11th Cir.1992); Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991).
discussed Cited as authority (rule) Lau v. Klinger (2×) also: Cited "see"
S.D. Ga. · 1999 · confidence medium
Schnabel v. Wells, 922 F.2d 726, 727 (11th Cir.1991).
discussed Cited as authority (rule) Payne v. United States
M.D. Fla. · 1998 · confidence medium
Cooper, 971 F.2d at 641 (stating that a district court does not have discretion to salvage an action once the court has found a violation of the Federal Rules of Civil Procedure and a lack of good cause); Prisco 929 F.2d at 604 (defining “good cause” as occurring only when some outside factor such as reliance on faulty advice, rather than inadvertence or negligence, prevented service)(citing Jordan v. United States, 694 F.2d 833 (D.C.Cir.1982)); Schnabel, 922 F.2d at 728 (requiring dismissal if service is not perfected within 120 days and no good cause is shown); Gambino, 164 F.R.D. at 274…
cited Cited as authority (rule) Davis v. Belk-Hudson Co. of Tifton, Inc.
M.D. Ga. · 1997 · confidence medium
Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991 ).
discussed Cited as authority (rule) Estate of Zachery v. Thigpen
M.D. Ala. · 1995 · confidence medium
After expiration of the 120-day time limit, Rule 4(m) affords the plaintiff one, and only one, safety hatch to escape dismissal of the complaint and that is through a showing of “good cause.” Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991) (holding that “dismissal is mandatory if service is not perfected within 120 days of filing the complaint unless good cause is shown”); see also In re Cooper, 971 F.2d 640, 641 (11th Cir.1992).
discussed Cited as authority (rule) Dahl v. Kanawha Investment Holding Co. (2×) also: Cited "see, e.g."
N.D. Iowa · 1995 · confidence medium
See, e.g., McGinnis v. Shalala, 2 F.3d 548, 551 (5th Cir. 1993) (delivery by certified may provide actual notice of suit, but does not satisfy adequate service requirements of Rule 4); Mid-Continent Wood Products, Inc. v. Harris, 936 F.2d 297, 301-303 (7th Cir.1991) (rejecting district court’s test for grounds for exception to strict compliance with Rule 4’s service of process requirements where defendant had actual notice, holding that “valid service of process is necessary in order to assert personal jurisdiction over a defendant.”); Friedman v. Estate of Presser, 929 F.2d 1151, 1155…
discussed Cited as authority (rule) Potts v. Atlantic Southeast Airlines, Inc. (2×) also: Cited "see"
N.D. Ga. · 1994 · confidence medium
The plaintiffs attempted to serve the defendants by mail under subsection 4(c)(2)(C)(ii) of Rule 4. 6 With respect to service by mail, the law of this circuit holds that a plaintiff must effect personal service upon a defendant within 120 days of filing a complaint if that defendant elects not to return the acknowledgment form or otherwise waive formal service requirements. 7 Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991).
discussed Cited as authority (rule) Lowe v. Hart
M.D. Fla. · 1994 · confidence medium
Co., 971 F.2d 640, 641 (11th Cir.1992); see also Prisco v. Frank, 929 F.2d 603, 604 (11th Cir.1991) (“the complaint must be dismissed”); Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991) (dismissal without prejudice was mandated by Rule 4(m)).
discussed Cited as authority (rule) Cox v. Arizona League of Professional Baseball Clubs, Inc.
M.D. Fla. · 1993 · confidence medium
Co., 971 F.2d 640, 641 (11th Cir.1992); Fed.R.Civ.P. 4(j) (“the action shall be dismissed ”); Prisco v. Frank, 929 F.2d 603, 604 (11th Cir.1991) (“the complaint must be dismissed”); Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991) (“dismissal without prejudice was mandated by Rule 4(j)) (all emphasis added).
discussed Cited as authority (rule) Sanders v. Fluor Daniel, Inc.
M.D. Fla. · 1993 · confidence medium
The Eleventh Circuit has specifically denounced this contention in the case of Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991), stating, “a certified mail receipt cannot be construed to constitute an adequate substitute ... in light of Congress’s express rejection of this method of acknowledgment when proposed by the Supreme Court.” Plaintiff also contends that his pro se status entitles him to more lenient scrutiny, citing Haines v. Kemer, 404 U.S. 519 , 92 S.Ct. 594 , 30 L.Ed.2d 652 (1972) (pro se complaint requires less stringent reading than one drafted by an attorney).
discussed Cited as authority (rule) In Re Tom C. Cooper And, Associates Financial Services Company, Inc. (2×)
11th Cir. · 1992 · confidence medium
Fed.R.Civ.P. 4(j) (“the action shall be dismissed ”); Prisco v. Frank, 929 F.2d 603, 604 (11th Cir.1991) (per curiam) (“the complaint must be dismissed ”); Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991) (“dismissal is mandatory ... unless good cause is shown”); id. at 729 (“dismissal without prejudice was mandated by Rule 4(j)) (all emphasis added).
discussed Cited as authority (rule) Tso v. Delaney
7th Cir. · 1992 · confidence medium
Goodrich Co., 845 F.2d 840, 841-42 (9th Cir.1988), cert. denied, 491 U.S. 907 , 109 S.Ct. 3191 , 105 L.Ed.2d 699 (1989); Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991); Combs v. Nick Garin Trucking, 825 F.2d 437, 447-48 (D.C.Cir.1987).
discussed Cited as authority (rule) Tso v. Delaney
7th Cir. · 1992 · confidence medium
Goodrich Co., 845 F.2d 840, 841-42 (9th Cir.1988), cert. denied, 491 U.S. 907 , 109 S.Ct. 3191 , 105 L.Ed.2d 699 (1989); Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991); Combs v. Nick Garin Trucking, 825 F.2d 437, 447-48 (D.C.Cir.1987).
discussed Cited as authority (rule) Eden H. Adatsi v. Dr. Iqbal Mathur, Dr. Thomas Gutteridge, Southern Illinois University at Carbondale
7th Cir. · 1991 · confidence medium
A number of cases, illustrated by Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991), and Gulley v. Mayo Foundation, 886 F.2d 161, 165-66 (8th Cir.1989), hold that service is not complete until the defendant signs the form; the implication is that, consistent with Wor-rell, the twenty-day period does not begin to run till then, although only Worrell addresses that issue.
cited Cited "see" Robyn White v. HCA Healthcare d/b/a Doctor’s Hospital of Augusta, LLC (DHA)
S.D. Ga. · 2025 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" Patel v. Director of United States Citizenship and Immigration Services
S.D. Ga. · 2025 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991), superseded in part on other grounds by rule as stated in Horenkamp, 402 F.3d at 1132 & n.2; Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" Mckillion v. Aldous & Associates P.L.L.C.
S.D. Ga. · 2025 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" Hill v. The State of Georgia
S.D. Ga. · 2025 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" London v. Austin
S.D. Ga. · 2025 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" Capehart v. Oliver
S.D. Ga. · 2025 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" Mckillion v. The CCS Companies
S.D. Ga. · 2024 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" Gray v. U.S. Equal Employment Opportunity Commission
S.D. Ga. · 2024 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" Stewart v. Shelton
S.D. Ga. · 2023 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" Battle v. Burdeaux Steak and Seafood Inc.
S.D. Ga. · 2023 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Garvich, 2022 WL 1531701 , at *2.
cited Cited "see" Howard v. The United States of America
S.D. Ga. · 2022 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991).
cited Cited "see" Allen v. TSAY Professional Service
S.D. Ga. · 2022 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" Howard v. The United States of America
S.D. Ga. · 2022 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991).
cited Cited "see" Wiggins, Bene v. Leitman
S.D. Ga. · 2022 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (1 1th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" Taylor v. Murry
S.D. Ga. · 2021 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991).
cited Cited "see" White v. Philbin
S.D. Ga. · 2021 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991).
cited Cited "see" Willingham v. United States of America
S.D. Ga. · 2019 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
cited Cited "see" Smith El Bey v. Schuetze
S.D. Ga. · 2019 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir. 1991); Eades, 298 F. App’x at 863 ; Fed.
discussed Cited "see" Adem A. Albra v. Advan, Inc.
11th Cir. · 2007 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991) (interpreting former Rule 4(j)), superseded in part by rule as stated in Horenkamp v. Van Winkle And Co., Inc., 402 F.3d 1129 , 1132 n. 2 (11th Cir.2005).
discussed Cited "see" Carrie E. Anderson v. Osh Kosh B'Gosh
11th Cir. · 2006 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991) (interpreting the 120-day period as it appeared in former Rule 4(j)), superseded in part by rule as stated in Horenkamp, 402 F.3d at 1132 n. 2.
discussed Cited "see" Charles Nelson, Jr. v. Matt Barden
11th Cir. · 2005 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991) (interpreting the 120-day period as it appeared in former Rule 4(j)), superseded in part by rule as stated in Horenkamp, 402 F.3d at 1132 n. 2.
cited Cited "see" Clark v. City of Zebulon
Okla. · 1993 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726 (11th Cir.1991).
cited Cited "see" Szarejko v. Great Neck School District
E.D.N.Y · 1992 · signal: see · confidence high
See Schnabel v. Wells, 922 F.2d 726, 728 (11th Cir.1991); Statement by a Member of the House Committee on the Judiciary, 128 Cong.Rec.
cited Cited "see, e.g." Allied Semi-Conductors International, Ltd. v. Pulsar Components International, Inc.
E.D.N.Y · 1995 · signal: see, e.g. · confidence low
See, e.g., Schnabel v. Wells, 922 F.2d 726 (11th Cir.1991); FDIC v. Mt.
discussed Cited "see, e.g." Martha A. Brown v. Evans J. Nichols, M.D., Kennestone Hospital, John Doe
11th Cir. · 1993 · signal: see also · confidence medium
Eleventh Circuit precedent makes clear that a district court must dismiss an action “once the court has found a violation of Rule 4(j) and a lack of good cause. ” In re Cooper, 971 F.2d 640, 641 (11th Cir.1992) (emphasis added); see also Schnabel v. Wells, 922 F.2d 726, 728-29 (11th Cir.1991).
Retrieving the full opinion text from the archive…
J. Richard SCHNABEL, Plaintiff-Appellant,
v.
Jonathan Ray WELLS, James Pickerel, Joyce Pickerel, Defendants-Appellees
90-8293.
Court of Appeals for the Eleventh Circuit.
Jan 28, 1991.
922 F.2d 726
1991 U.S. App. LEXIS 1050
1991 WL 1383
Eugene Novy, Robert Craig Henderson, Novy & James, Atlanta, Ga., for plaintiff-appellant., Robert Malcolm Darroeh, Jay Lane Drew, Elizabeth A. Obenshain, Emory A. Wilkerson, Darroeh & Obenshain, Atlanta, Ga., for defendants-appellees.
Tjoflat, Dubina, Peck.
Cited by 56 opinions  |  Published
JOHN W. PECK, Senior Circuit Judge:

Plaintiff Richard Schnabel appeals from judgment in favor of the defendant, Jonathan Wells, for failure to serve process within the time required by Federal Rule of Civil Procedure 4(j). For the reasons that follow, WE AFFIRM.

I. BACKGROUND

Schnabel filed suit against Wells on December 9, 1988, two days before the expiration of the statute of limitations, for personal injuries arising out of an automobile accident. Schnabel sent Wells a copy of the summons and complaint by certified mail, return receipt requested, along with a cover letter instructing Wells to contact his insurance carrier and advising him that he must file an answer within the time prescribed by federal law. Wells filed a timely answer asserting twelve defenses to the lawsuit, including insufficient service of process. Discovery then ensued. At no time did Schnabel attempt to effect personal service on Wells or otherwise attempt to address Wells’ allegation of insufficient process. In October of 1989, Wells moved for summary judgment on the grounds that service of process had never been perfected and consequently the action was barred by the statute of limitations. The district court treated this as a motion to dismiss pursuant to Rule 4(j) for failure to serve process within 120 days of filing the complaint and dismissed the case without prejudice. The court later entered judgment in favor of Wells, and from this judgment plaintiff appeals.

II. DISCUSSION

Under Rule 4(c)(2)(A), a summons and complaint is to be served personally by a non-party adult unless one of the exceptions in subparagraph (B) or (C) applies. Mail service is one of these exceptions. Under Rule 4(c)(2)(C), a summons and complaint may be served upon a competent adult

(ii) by mailing a copy of the summons and of the complaint (by first class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to form 18-A and a return envelope, postage prepaid, addressed to the sender. If no acknowledgement of service under this subdivision of this rule is received by the sender within 20 days after the date of mailing, service of such summons and complaint shall be made under subparagraph (A) or (B) of this paragraph....

Fed.R.Civ.P. 4(c)(2)(C)(ii).

The provision permitting mail service is relatively recent. It was enacted by Congress in 1983 to relieve United States marshals of the burden of serving summonses and complaints in private civil suits. Ser[*728] vice by certified mail, restricted delivery, was proposed by the United States Supreme Court under the provisions of the Rules Enabling Act. However, Congress expressly rejected this method of service, instead providing for service by first class mail with a notice and acknowledgment to be executed by the defendant under penalty of perjury. A sponsor of the amendment, Mr. Edwards of California, stated that this method was preferred over the certified mail method because it avoided the notice problems created by the certified mail proposal. However, he also stated that actual notice is not of itself sufficient, noting that “if the proper person receives the notice but fails to return the acknowledgment form, another method of service authorized by law is required.” Statement By a Member of the House Committee on the Judiciary, 128 Cong.Rec. H9848 (daily ed. Dec. 15, 1982) (statement of Rep. Edwards), reprinted in 1982 U.S.Code Cong. & Admin.News 4434, 4439-40. See also Armco, Inc. v. Penrod-Stauffer Building Systems, Inc., 733 F.2d 1087, 1088 (4th Cir.1984).

This result is mandated by the plain wording of the mail service rule. If a defendant receives mail service, but chooses not to respond, the plaintiff must effect personal service. The defendant’s actual notice of the lawsuit does not eliminate this requirement. See Young v. Mt. Hawley Ins. Co., 864 F.2d 81, 82-83 (8th Cir.1988), cert. denied, — U.S.-, 110 S.Ct. 281, 107 L.Ed.2d 261 (1989); Armco, Inc. v. Penrod-Stauffer Building Systems, Inc., 733 F.2d 1087, 1088-89 (4th Cir.1984); Worrell v. B.F. Goodrich Co., 845 F.2d 840, 841-41 (9th Cir.1988), cert. denied, — U.S. -, 109 S.Ct. 3191, 105 L.Ed.2d 699 (1989); McDonald v. United States, 898 F.2d 466, 468 (5th Cir.1990); Stranahan Gear Co., v. NL Industries, Inc., 800 F.2d 53, 56 (3d Cir.1986). Instead, defendant’s penalty for declining to return the acknowledgment form is that defendant may be required to pay the additional costs of procuring service by alternate means. See Rule 4(c)(2)(D); Armco, 733 F.2d at 1088.

Since actual notice is not adequate when mail service is properly effected but the defendant chooses not to return the acknowledgment form, we are aware of no authority for holding that actual notice may cure service defectively executed. We therefore adopt the reasoning of the Fifth Circuit in Norlock v. City of Garland, 768 F.2d 654 (5th Cir.1985). In that case, nearly identical factually to the case at bar, the court of appeals stated:

Finding no error in the court’s insistence on compliance with the plain language of the rule, we affirm. Service by mail is quick, convenient, and inexpensive. Because, however, it is subject to abuse, the well-considered requirements of the rules, designed to ensure that mail service will be adequate, are not to be disregarded with impunity.

Norlock, 768 F.2d at 655.

Schnabel urges us to distinguish Norlock from the case at bar, noting that in Norlock the plaintiff sent the summons and complaint by regular mail, while Schnabel sent his documents by certified mail and obtained an acknowledgment card indicating that the forms had been received. This is a distinction without a difference. A certified mail receipt cannot be construed to constitute an adequate substitute for the form required by the Rule in light of Congress’s express rejection of this method of acknowledgment when proposed by the Supreme Court. Accordingly, we conclude that the summons and complaint was not properly served on defendant Wells.

Finally, plaintiff Schnabel suggests that the district court abused its discretion in granting judgment in favor of the defendant. However, under Rule 4(j), dismissal is mandatory if service is not perfected within 120 days of filing the complaint unless good cause is shown. No showing of cause was made in this case. Indeed, Schnabel was on notice as of January 18, 1989 when Wells filed his answer that sufficiency of process was at issue. At that time, more than two months remained of the 120 day period provided by Rule 4(j), yet Schnabel made no attempt to correct[*729] the defective service or even to inquire into the alleged deficiency. Consequently, dismissal without prejudice was mandated by Rule 4(j). Furthermore, because the statute of limitations expired, reinstatement of the action was barred under Georgia law, and judgment for the defendant was properly entered.

III. CONCLUSION

For the reasons stated above, we conclude that the district court did not err in entering judgment in favor of defendant Jonathan Wells, and therefore, the judgment of the district court is AFFIRMED.