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The Georgia Affidavit of Service form plays a crucial role in the legal process, ensuring that all parties involved in a case are properly notified of actions taken against them. This form serves as proof that legal documents, such as summons or complaints, have been delivered to the intended recipients, thereby upholding the principles of due process. Typically, the form includes essential details such as the names of the parties, the date and method of service, and the signature of the person who performed the service. By accurately completing this affidavit, individuals can demonstrate compliance with legal requirements, helping to avoid potential delays or complications in court proceedings. Understanding the nuances of this form is vital for anyone involved in legal matters in Georgia, as it not only confirms that service was executed but also protects the rights of all parties involved.
Georgia Affidavit of Service Example
Georgia Affidavit of Service
This Affidavit of Service is prepared in accordance with the Georgia Civil Practice Act, specifically addressing the requirements for evidence of service of documents in the State of Georgia. This affidavit serves as a formal declaration by the server that documents have been served in a manner prescribed by law.
State of Georgia
County of ________
I, ________, of legal age and being duly sworn, declare under penalty of perjury that I am the server and am not a party to the matter concerning Case Number: ________, between ________ as the Plaintiff and ________ as the Defendant.
On the ________ day of ________, 20__, I served the ________ (describe the document) on:
- Name: ________
- Relationship to the case: ________
- Address where the service took place: ________
- Method of service: ________ (e.g., personal, by mail, delivery to agent)
- If by mail, receipt or tracking number: ________
This affidavit is to certify that the information above is true and accurate to the best of my knowledge, and that the service was executed in accordance with Georgia law.
Further, I declare that the attached evidence of service is a true and correct representation of the service made.
Server's Name: ________
Address: ________
City: ________, State: Georgia, Zip: ________
Phone Number: ________
Email: ________
Sworn and subscribed before me, a Notary Public, on this ________ day of ________, 20__.
Notary Public: ________
My Commission Expires: ________
Note: This template is a general guide and may need adjustments to fit your specific needs or comply with any changes in Georgia law.
Document Information
| Fact Name | Description |
|---|---|
| Purpose | The Georgia Affidavit of Service form is used to confirm that legal documents have been delivered to the intended recipient. |
| Governing Law | The form is governed by the Official Code of Georgia Annotated (O.C.G.A.) § 9-11-4. |
| Who Can Serve | Any person who is at least 18 years old and not a party to the case can serve documents. |
| Filing Requirement | The completed affidavit must be filed with the court to demonstrate that service has been properly executed. |
| Types of Documents | This affidavit can be used for various legal documents, including summons, complaints, and motions. |
| Signature Requirement | The affidavit must be signed by the person who served the documents, affirming that service was completed. |
| Deadline for Service | Documents must typically be served within a specific time frame, often within 30 days of filing. |
| Personal Service | Personal service is preferred, meaning the documents should be handed directly to the recipient. |
| Alternative Methods | If personal service is not possible, alternative methods such as mail or publication may be allowed under certain circumstances. |
| Consequences of Improper Service | If service is not conducted properly, it may lead to delays or dismissal of the case. |
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