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2018 Georgia Code 9-12-67 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 9-12-67 Case Law from Google Scholar Amendments to OCGA 9-12-67

TITLE 9 CIVIL PRACTICE

Section 12. Verdict and Judgment, 9-12-1 through 9-12-138.

ARTICLE 3 DORMANCY AND REVIVAL OF JUDGMENTS

9-12-67. Revival of judgment against nonresident; service by publication.

If the defendant in judgment or other party to be notified resides outside this state, a dormant judgment may be revived against such defendant or his representative by such process as is issued in cases in which the defendant resides in this state, provided that the defendant in judgment or other party to be notified shall be served with scire facias by publication in the newspaper in which the official advertisements of the county are published, twice a month for two months previous to the term of the court at which it is intended to revive the judgment, which service shall be as effectual in all cases as if the defendant or person to be notified had been personally served.

(Laws 1850, Cobb's 1851 Digest, p. 502; Code 1863, § 3526; Code 1868, § 3549; Code 1873, § 3608; Code 1882, § 3608; Civil Code 1895, § 5382; Civil Code 1910, § 5977; Code 1933, § 110-1007; Ga. L. 1982, p. 3, § 9; Ga. L. 1984, p. 22, § 9.)

JUDICIAL DECISIONS

Effect of statute relating to removal of defendant from state.

- Former Code 1933, § 3-805 (see now O.C.G.A. § 9-3-94) had no reference to the period of time in which a judgment became dormant when not kept in life in any manner specified by law. Tift v. Bank of Tifton, 60 Ga. App. 563, 4 S.E.2d 495 (1939).

Cited in Strickland v. Willingham, 49 Ga. App. 355, 175 S.E. 605 (1934); Stanley v. Stanley, 141 Ga. App. 411, 233 S.E.2d 454 (1977).

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, § 412.

C.J.S.

- 49 C.J.S., Judgments, § 859.

ALR.

- Revival of judgment by constructive service of process upon nonresident, as affected by due process and full faith and credit clauses, 144 A.L.R. 403.

Conclusiveness of decree assessing stockholders or policyholders of insolvent corporations or mutual insurance companies, as against nonresidents, not personally served within state in which decree was rendered, 175 A.L.R. 1419.

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