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

O.C.G.A. § 40-12-5 (2019)

Certificate of service to be sent to clerk of court; time for answering complaint

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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The Secretary of State or his successor in office, within three days from the date of the service upon him of the summons or process provided for in this chapter, shall certify to the court in which the action is pending that the summons or process has been filed in his office as provided for in this chapter. Upon receipt of such certification by the clerk of the court in which the action is pending, the complaint shall be answered within 30 days after service of the summons and complaint upon him, unless the time for the appearance of the defendant shall be extended by an order of the court in order to allow the defendant ample opportunity to be heard.

History

(Ga. L. 1937, p. 732, § 6.)

Annotations

JUDICIAL DECISIONS

Cited in Stone v. Sinkfield, 70 Ga. App. 787, 29 S.E.2d 310 (1944).

RESEARCH REFERENCES

Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 142 et seq.

C.J.S. - 61 C.J.S., Motor Vehicles, § 1124 et seq.

ALR. - Statutory service on nonresident motorist: return receipts, 95 A.L.R.2d 1033.

Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Curcuruto v. Cheshire, 864 F. Supp. 1410 (S.D. Ga. 1994).
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Curcuruto v. Cheshire, 864 F. Supp. 1410 (S.D. Ga. 1994). “§ 40-12-5. CONCLUSION For the foregoing reasons, Defendant’s Motion to Dismiss for Insufficient Service of Process is DENIED.”
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.