O.C.G.A.

O.C.G.A. § 9-10-12 (2019)

Certified mail equivalent to registered mail; sufficient compliance for notice by statutory overnight delivery

✓ 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) Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice shall be given by “registered mail,” the notice may be given by “certified mail.” (b) Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice may be given by “statutory overnight delivery,” it shall be sufficient compliance if: (1) Such notice is delivered through the United States Postal Service or through a commercial firm which is regularly engaged in the business of document delivery or document and package delivery; (2) The terms of the sender’s engagement of the services of the United States Postal Service or commercial firm call for the document to be delivered not later than the next business day following the day on which it is received for delivery by the United States Postal Service or the commercial firm; and (3) The sender receives from the United States Postal Service or the commercial firm a receipt acknowledging receipt of the document which receipt is signed by the addressee or an agent of the addressee.

History

Ga. L. 1967, p. 560, § 1; Ga. L. 2000, p. 1589, § 2.

Annotations

Editor’s notes. Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that

the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000. JUDICIAL DECISIONS Default entered in error against foreign corporation. - Judgment denying the defendant’s motion to set aside the default judgment against the defendant was reversed because there was no evidence that the defendant, a foreign corporation, failed to answer or otherwise respond within 45 days after service of the

summons and complaint was perfected upon the defendant via a commercial mailing service; thus, the case never went into default and the trial court was not authorized to enter a default judgment. Turfstore.Com, Inc. v. Hall, 348 Ga. App. 398, 823 S.E.2d 81, 2019 Ga. App. LEXIS 16 (2019).

RESEARCH REFERENCES Am. Jur. 2d. 62 Am. Jur. 2d, Postal Service, § 35 et seq.

C.J.S. 72 C.J.S., Postal Service and Offenses Against Postal Laws, § 8.

Notes of Decisions

Cited in 4 cases, 2002–2019 · leading case: Hooks v. McCondichie Props. 1, LP, 767 S.E.2d 517 (Ga. Ct. App. 2015).

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Hooks v. McCondichie Props. 1, LP, 767 S.E.2d 517 (Ga. Ct. App. 2015). · cites it 6× “However, the trial court granted the motion to open default judgment on the narrow issue that Hooks failed to comply fully with OCGA § 14-9-104 (g) because forwarded process via “statutory overnight delivery,” as defined in OCGA § 9-10-12 (b) (3), requires a signed receipt from…”

Blake v. Spears, 561 S.E.2d 173 (Ga. Ct. App. 2002). · cites it 2× “The judgment on appeal, therefore, is affirmed. Spears’ request for sanctions is denied.”

Turfstore.com, Inc. v. Hall Et Al., 823 S.E.2d 81 (Ga. Ct. App. 2019). · cites it 4× “See also OCGA § 9-10-12 (b) (1) (statutory overnight delivery includes delivery through certain commercial firms).”

Micheal Hooks v. McCondichie Props. 1, Lp (Ga. Ct. App. 2015). · cites it 6× “However, the trial court granted the motion to open default judgment on the narrow issue that Hooks 5 failed to comply fully with OCGA § 14-9-104 (g) because forwarded process via “statutory overnight delivery,” as defined in OCGA § 9-10-12 (b) (3), requires a signed receipt…”

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.