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2018 Georgia Code 9-11-4.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-11-4.1 Case Law from Google Scholar Amendments to OCGA 9-11-4.1

TITLE 9 CIVIL PRACTICE

Section 11. Civil Practice Act, 9-11-1 through 9-11-133.

ARTICLE 2 COMMENCEMENT OF ACTION AND SERVICE

9-11-4.1. Certified process servers.

  1. Certified process servers. A person at least 18 years of age who files with a sheriff of any county of this state an application stating that the movant complies with this Code section and any procedures and requirements set forth in any rules or regulations promulgated by the Judicial Council of Georgia regarding this Code section shall, absent good cause shown, be certified as a process server. Such certification shall be effective for a period of three years or until such approval is withdrawn by a superior court judge upon good cause shown, whichever shall first occur. Such certified process server shall be entitled to serve in such capacity for any court of the state, anywhere within the state, provided that the sheriff of the county for which process is to be served allows such servers to serve process in such county.
  2. Certification procedures.
    1. Any person seeking certification under this Code section shall upon applying for certification present evidence that he or she:
      1. Has undergone a criminal record check based on fingerprints and has never been convicted of a felony or of impersonating a peace officer or other public officer or employee under Code Section 16-10-23;
      2. Completed a 12 hour course of instruction relating to service of process which course has been approved by the Administrative Office of the Courts in consultation with the Georgia Sheriffs' Association;
      3. Passed a test approved by the Administrative Office of the Courts which will measure the applicant's knowledge of state law regarding serving of process and other papers on various entities and persons;
      4. Obtained a commercial surety bond or policy of commercial insurance conditioned to protect members of the public and persons employing the certified process server against any damage arising from any actionable misconduct, error, or omission on the part of the applicant while serving as a certified process server; and
      5. Is a citizen of the United States.
    2. A sheriff of any county of this state shall review the application, test score, criminal record check, and such other information or documentation as required by that sheriff and determine whether the applicant shall be approved for certification and authorized to act as a process server in this state.
    3. Upon approval the applicant shall complete a written oath as follows: "I do solemnly swear (or affirm) that I will conduct myself as a process server truly and honestly, justly and uprightly, and according to law; and that I will support the Constitution of the State of Georgia and the Constitution of the United States. I further swear (or affirm) that I will not serve any papers or process in any action where I have a financial or personal interest in the outcome of the matter or where any person to whom I am related by blood or marriage has such an interest."
  3. Renewal and revocation of certification. A certified process server shall be required to renew his or her certification every three years. Any certified process server failing to renew his or her certification shall no longer be approved to serve as a certified process server. At the time of renewal, the certified process server shall provide evidence that he or she has completed three annual five-hour courses of continuing education which courses have been approved by the Administrative Office of the Courts and has undergone an updated criminal record check. The certification of a process server may be revoked or suspended by a superior court judge for cause at any time. If a complaint has been filed by a sheriff alleging serious misconduct by the process server, such judge may suspend the certification for up to five business days while the matter is considered by the judge.
  4. Fees. The sheriff shall collect a fee of $80.00 for processing the application required by this Code section.
  5. Registry. The sheriff shall forward $30.00 of each fee received to the Georgia Sheriffs' Association. The Georgia Sheriffs' Association shall maintain a registry of certified process servers.
  6. Service by off-duty deputy sheriff. An off-duty deputy sheriff may serve process with the approval of the sheriff by whom he or she is employed and shall be exempt from certification under this Code section.
  7. Impersonation of public officer or employee. It shall be unlawful for a certified process server to falsely hold himself or herself out as a peace officer or public officer or employee and any violation shall be punished as provided in Code Section 16-10-23.
  8. Notice to sheriff.
    1. Prior to the first time that a certified process server serves process in any county, he or she shall file with the sheriff of the county a written notice, in such form as shall be prescribed by the Georgia Sheriffs' Association, of his or her intent to serve process in that county. Such notice shall only be accepted by a sheriff who allows certified process servers to serve process in his or her county. Such notice shall be effective for a period of one year; and a new notice shall be filed before the certified process server again serves process in that county after expiration of the one-year period.
    2. The provisions of this subsection shall not apply to a certified process server who was appointed by the court to serve process or who was appointed as a permanent process server by a court.
  9. Credentials. A sheriff of any county of this state shall at the time of certification provide credentials in the form of an identification card to each certified process server. The identification card shall be designed to clearly distinguish it from any form of credentials issued to certified peace officers and will not be in the shape or form of a law enforcement badge. A certified process server shall display his or her credentials at all times while engaged in the service of process.
  10. False representation. It shall be unlawful for any person who is not a certified process server to hold himself or herself out as being a certified process server. Any person who violates this subsection shall upon conviction be guilty of a misdemeanor.

(Code 1981, §9-11-4.1, enacted by Ga. L. 2010, p. 822, § 5/SB 491; Ga. L. 2015, p. 1065, § 1-1/SB 135; Ga. L. 2017, p. 774, § 9/HB 323.)

The 2015 amendment, effective May 6, 2015, deleted former subsection (k), which read: " Sunset and legislative review. This Code section shall be repealed effective July 1, 2015, unless continued in effect by the General Assembly prior to that date. At its 2013 regular session the General Assembly shall review this Code section to determine whether it should be continued in effect."

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, added a comma after "any county" in the first sentence of paragraph (h)(1).

Law reviews.

- For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010). For annual survey on trial practice and procedure, see 64 Mercer L. Rev. 305 (2012).

JUDICIAL DECISIONS

Sovereign immunity barred action.

- In a suit challenging application of the process server statute, O.C.G.A. § 9-11-4.1, the trial court's order granting summary judgment to the sheriffs was reversed and the case was remanded to the trial court for dismissal because the trial court should not have ruled on the merits of the association's claims for declaratory and injunctive relief against the sheriffs in their official capacities since those claims were barred by sovereign immunity and the trial court had no jurisdiction to decide those issues. Ga. Ass'n of Prof'l Process Servers v. Jackson, 302 Ga. 309, 806 S.E.2d 550 (2017).

Cases Citing O.C.G.A. § 9-11-4.1

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Georgia Ass'n of Prof'l Process Servers v. Jackson, 302 Ga. 309 (Ga. 2017).

Cited 22 times | Published | Supreme Court of Georgia | Oct 16, 2017 | 806 S.E.2d 550

BOGGS, Justice. In this appeal, we consider the application of OCGA § 9-11-4.1, providing for statewide certified process servers....
...In its petition, the Association alleged that the Sheriffs have conspired to thwart the use of certified process servers statewide, and have wrongfully failed to consider members’ individual petitions to become certified process servers under OCGA § 9-11-4.1, thus rendering the Code section null and of no effect....
...Accordingly, we vacate that portion of the trial court’s order and remand for dismissal. Because the trial court correctly granted summary judgment as to the Association’s other claims, we affirm the remainder of the trial court’s order. As the trial court correctly observed, the relevant provisions of OCGA § 9-11-4.1 are found in subsection (a) and paragraph (h) (1): *311(Emphasis supplied.) The trial court found that the plain language of the statute barred declaratory and injunctive relief.2 The court also found that mandamus is inappropriate becaus...
...a particular location for that line. Id. at 738 (2) (b). Here, the Association asserts that the Sheriffs have “a clear legal duty” to permit the Association’s members to serve process once they have met the statewide qualifications under OCGA § 9-11-4.1 (b)....
...170, 172-173 (1) (a) (751 SE2d 337) (2013). Here, a plain reading of the statute shows that each Sheriff is authorized to decide, as a threshold matter, whether to “allow[ ] certified process servers to serve process in his or her county” OCGA § 9-11-4.1 (h)(1); see also OCGA § 9-11-4.1 (a). As the trial court correctly noted, that is a separate issue from the Sheriff’s duty to process applications for certification under OCGA § 9-11-4.1 (b). The Code section therefore is not “meaningless,” as process servers maybe certified under OCGA § 9-11-4.1 (b), and may serve process in those counties which approve their employment.6 Under these circumstances, the Association has failed to show that the Sheriffs violated any “clear legal duty” by exercising their statutorily-granted dis...
...ired by OCGA § 9-4-7 (c). The Association asserts that the trial court erred in so doing, but we need not reach that claim. The trial court also found moot the contention that several of the Sheriffs had refused to process applications under OCGA § 9-11-4.1 (b), because those sheriffs submitted affidavits showing that they “understand their duties and obligations and that any need to mandate action has passed.” But that ruling is not enumerated as error. This may explain why the trial...