Legal Question in Civil Litigation in Georgia

Re: Can a lawsuit proceed if we haven't been served?

Go to the courthouse, get a copy from the clerk (today - do NOT wait), and then see a lawyer immediately. There are strict deadlines in lawsuits.

Re: Can a lawsuit proceed if we haven't been served?

Generally, yes. A copy of the summons and complaint must be served on the defendant(s) before the case will move forward. However, there are many ways that a complaint may be served. You should get a copy of the sheriff's entry of service, which will state whether you were considered served or it was simply attempted, but not perfected. I would strongly recommend obtaining a local attorney to represent you due to the nature of your question. Litigation only gets more complicated.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Re: Can a lawsuit proceed if we haven't been served?

Hopefully, you are already on your way to the courthouse to obtain a copy of the entry of service. You should also pick up a copy of the lawsuit because the lawyer who you select is likely to need it ASAP.

Re: Can a lawsuit proceed if we haven't been served?

You should get a copy of the complaint, and any and all other pleadings in the matter, and go see a competent Georgia attorney. Some folks like to hide from a lawsuit, relying on the technical requirements that service of process is perfected. Legal problems, like most of life’s problems, must be addressed head on. The longer one delays, the bigger the problem.

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