297 S.E.2d at 513 Authorizing service of corporate defendants by mail9 citing casesThere is no provision in Georgia law which authorizes a party to serve a defendant corporation directly by certified or registered mail
- Albert v. Discover Bank, No. 1:20-cv-05146 (N.D. Ga. May 27, 2021).(There is no provision in Georgia law which authorizes a party to serve a defendant corporation directly by certified or registered mail . . . .)
- Gittens v. TransUnion, No. 3:16-cv-00228 (W.D.N.C. Nov. 5, 2019).(There is no provision in Georgia law which authorizes a party to serve a defendant corporation directly by certified or registered mail . . . .)
- James Rudolph Cooley v. Ocwen Loan Servicing, LLC, No. 16-14835 (11th Cir. Mar. 5, 2018).unpublished(There is no provision in Georgia law which authorizes a party to serve a defendant corporation directly by certified or registered mail.)
- Christopher Lawrence v. Bank of Am., N.A., 700 F. App'x 980 (11th Cir. 2017).unpublished (There is no provision in Georgia law which authorizes a party to serve a defendant corporation directly by certified or registered mail)
- Ronald Fitzpatrick v. Bank of New York Mellon, 580 F. App'x 690 (11th Cir. 2014).unpublished (There is no provision in Georgia law which authorizes a party to serve a defendant corporation directly by certified or registered mail....)
- Freeman Lakes Poultry, LLC v. S. Trust Ins. Co., No. 4:25-cv-03038 (D. Neb. May 27, 2025).Ass’n, Inc., 297 S.E.2d 512, 513 (Ga. Ct. App. 1982); see also, e.g., Cooley v. Ocwen Loan Serv., LLC, 729 F. App’x 677 , 682 (11th Cir. 2018) (“Georgia law, like the federal rules, requires in-person service and makes no provision for ser…
- Gray v. Stewart, No. 4:24-cv-00051 (S.D. Ga. June 12, 2024).Ass’n, Inc., 297 S.E. 2d 512, 513 (Ga. Ct. App. 1982); see also, e.g., Cooley v. Ocwen Loan Serv., LLC, 729 F. App’x 677 , 682 (11th Cir. 2018) (“Georgia law, like the federal rules, requires in-person service and makes no provision for se…
- Byron Wendell Phillips v. Life Prop. Mgmt. Servs., LLC, No. 21-11350 (11th Cir. Nov. 22, 2021).unpublishedO.C.G.A. § 9-11-4(e); see also KMM Indus., Inc. v. Prof’l Ass’n, Inc., 297 S.E.2d 512, 513 (Ga. 1982).
- Profit v. Americold Logistics, LLC, 248 F.R.D. 293 (N.D. Ga. 2008).published See Ga. Code Ann. § 9-11-4 ; see also Ritts v. Dealers Alliance Credit Corp., 989 F.Supp. 1475, 1478 (N.D.Ga.1997) (underlining that “the mailing of a copy of the summons and complaint along with a request for acknowledgment of service to…
164 Ga. App. at 476 Determining proper service of process on corporations7 citing cases“there is no provision in georgia law which authorizes a party to serve a defendant corporation directly by certified or registered mail . . . .”
- Christopher Lawrence v. Bank of Am., N.A., 700 F. App'x 980 (11th Cir. 2017).unpublished “There is no provision in Georgia law which authorizes a party to serve a defendant corporation directly by certified or registered mail”
- Ronald Fitzpatrick v. Bank of New York Mellon, 580 F. App'x 690 (11th Cir. 2014).unpublished “There is no provision in Georgia law which authorizes a party to serve a defendant corporation directly by certified or registered mail....”
- Lewis v. Capital Bank, 717 S.E.2d 481 (Ga. Ct. App. 2011).published“does not obviate the need for proper service [of process]”
- Abe Eng'g, Inc. v. Travelers Indem. Co., 436 S.E.2d 754 (Ga. Ct. App. 1993).publishedWhile OCGA § 9-11-4 (d) (1) provides that in certain circumstances service on a non-resident corporation may be made by certified mail through the office of the Secretary of State, “[t]here is no provision [under Chapter 11] which authoriz…
- Shahan v. Scott, 376 S.E.2d 221 (Ga. Ct. App. 1988).publishedCo. v. Lew Deadmore & Assoc., 127 Ga. App. 207, 208 (1) ( 193 SE2d 275 ), and KMM Indus, v. Professional Placement Assn., 164 Ga. App. 475, 476 ( 297 SE2d 512 ).
- Wilkerson v. Voyager Cas. Ins., 321 S.E.2d 346 (Ga. Ct. App. 1984).published KMM Indus. v. Professional Placement Assn., 164 Ga. App. 475, 476 ( 297 SE2d 512 ), cited by the majority, indeed states: "There is no provision in Georgia law which authorizes a party to serve a defendant corporation directly by certified…
- Profit v. Americold Logistics, LLC, 248 F.R.D. 293 (N.D. Ga. 2008).published (noting that “[tjhere is no provision in Georgia law which authorizes a party to serve a defendant corporation directly by certified or registered mail)
Other citing cases
- Comvest, L.L.C. v. Corp. Sec. Grp., 507 S.E.2d 21 (Ga. Ct. App. 1998).published
- Thermo-Cell Se., Inc. v. Technetic Indus., Inc., 605 F. Supp. 1122 (N.D. Ga. 1985).published
v.
PROFESSIONAL PLACEMENT ASSOCIATION, INC.
The appellant sued to domesticate a default judgment rendered against the appellee by the Circuit Court of Macomb County, Michigan, and the appellee answered contending that the Michigan judgment was void for lack of personal jurisdiction and venue. The appellant then amended its complaint to add a second count asserting the same contract claim upon which the Michigan suit had been based. This appeal is from a grant of partial summary judgment to the appellee as to the domestication claim. The second count of the complaint remains pending below.
Pursuant to order of the Michigan court, the appellant attempted to effect service in the Michigan case by sending a copy of the summons and complaint directly to the appellee’s office in[*476] Georgia via certified mail. The Georgia court concluded that this method of service was inadequate under Georgia law and also that the appellee had insufficient minimum contacts with Michigan to authorize the courts of that state to assume jurisdiction over it in this action. Held:
Decided November 22, 1982. Ellwood F. Oakley III, for appellant. Hirsch Friedman, Daniel P. Woodard III, for appellee.“ ‘Where a party relies on the law of another State as furnishing the basis for a right of recovery or defense different from what it would be under the laws of this State, or the common law, the law of the foreign state should be pleaded and proved. [Cits.]’ Bolton v. Bluestein, 55 Ga. App. 782 (191 SE 388).” Brown v. Hilton Hotels Corp., 133 Ga. App. 286, 290 (211 SE2d 125) (1974). See also Code Ann. § 81A-143 (c). Thus, “[i]n the absence of competent evidence of the [Michigan] Long Arm Statute, it was appropriate (and indeed, required) that the trial court apply the Georgia Long Arm Statute. Borg-Warner Health Products v. May, 154 Ga. App. 482, 483 (2) (268 SE2d 770); Berry v. Jeff Hunt Machinery Co., 148 Ga. App. 35 (2) (250 SE2d 813).” Superior Fertilizer &c. v. Warren, 162 Ga. App. 595, 597 (292 SE2d 430) (1982).
There is no provision in Georgia law which authorizes a party to serve a defendant corporation directly by certified or registered mail, although Code Ann. §§ 22-403 (b), 22-1410 (b), and 81A-104 (d) provide for such service to be made through the office of the Secretary of State under certain circumstances. See American Photocopy Equip. Co. v. Lew Deadmore &c., Inc., 127 Ga. App. 207 (1) (193 SE2d 275) (1972). It follows that service on the appellee was insufficient as a matter of law. The fact that the appellee may have received actual notice of the Michigan suit does not obviate the need for proper service. See Heard v. Hopper, 233 Ga. 617, 618 (212 SE2d 797) (1975). This holding renders unnecessary a review of the trial court’s ruling that the appellee had insufficient contacts with Michigan to authorize the assertion of long arm jurisdiction by that state.
The trial court properly granted summary judgment to the appellee as to the domestication claim.
Judgment affirmed.
McMurray, P. J., and Birdsong, J., concur.