Legal Question in Civil Litigation in Georgia

Service of Complaint

Is a complaint still considered valid if it was filed but never served? Also, defendant has not lived or worked for over a year in the state and county where the complaint was filed although they still own a house there. Thanks.


Asked on 8/25/08, 12:57 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Service of Complaint

A complaint is valid without being served, but the case will not move forward unless and until the defendant is served. Further, at some point, the court will dismiss the case if the plaintiff is not making an effort to have the defendant served, and the case will have to be re-filed.

You probably also have a jurisdiction and/or venue issue if the defendant is not located in the county where you filed. However, you can still attempt to serve them where they live depending on the laws of that state.

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.

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Answered on 8/27/08, 4:15 pm


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