O.C.G.A.
O.C.G.A.

O.C.G.A. § 33-5-53 (2019)

Service of action and process upon Commissioner; sending of notice of service to defendant; applicability

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Service shall be made by delivery to and leaving with the Commissioner or some person in apparent charge of his office two copies of the action and process.

(b) At the time of such service, the plaintiff shall pay the Commissioner the sum of $15.00, which shall be taxable as cost. The Commissioner shall immediately mail by registered or certified mail or statutory overnight delivery one of the copies of such action and process to the defendant at his last known principal place of business and shall keep a record of all process so served upon him. Such service is sufficient, provided that notice of the service and a copy of the action and process are sent within 15 days thereafter by registered or certified mail or statutory overnight delivery by plaintiff or plaintiff’s attorney to the defendant at his last known principal place of business; and the defendant’s receipt, or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed and the affidavit of the plaintiff or plaintiff’s attorney showing a compliance with service as provided in this Code section are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear or within such further time as the court may allow.

(c) Service upon the Commissioner pursuant to this Code section shall only be made when service pursuant to the manner provided in Code Section 33-5-54 cannot be effectuated.

History

Code 1933, § 56-606, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1985, p. 1399, § 3; Ga. L. 1991, p. 1090, § 1; Ga. L. 2000, p. 1589, § 3.

Annotations

Cross references. - Service of process generally, § 9-11-4.

Editor’s notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the amendment to this Code section by Ga. L. 2000, p. 1589, § 3, was applicable with respect to notices delivered on or after July 1, 2000.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1985–2021 · leading case: Bishopsgate Ins. v. Cactus Club, Inc., 335 S.E.2d 685 (Ga. Ct. App. 1985).
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Bishopsgate Ins. v. Cactus Club, Inc., 335 S.E.2d 685 (Ga. Ct. App. 1985). · cites it 4× “Accordingly, service was made upon the Insurance Commissioner pursuant to OCGA § 33-5-53 (a). The Insurance Commissioner then sent a copy of the complaint by certified mail to appellant at its address in Nashville, Tennessee.”
Cheshire Bridge Enter., Inc. v. Lexington Ins., 359 S.E.2d 702 (Ga. Ct. App. 1987). · cites it 2× “Since OCGA § 33-5-34 (a) provides only for an alternative recipient of service and does not include a provision for an alternative manner of service, it follows that appellant must have effected formal service upon the Commissioner in order to subject appellee to the…”
Jenkins v. Prime Ins. Co. (N.D. Ga. 2021). “, § 33-5-53. Thus, the Court finds that the policy stated in section 33-5-51 does not represent the “unusual” or “exceptional” circumstance sufficient to override the “controlling weight” of the Policy’s forum selection clause.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.