Legal Question in Civil Litigation in Georgia

Service of suit

Judgement has been awarded for neglegence against third party for damages of their insured. The court ruled every reasonable effort was made for personal service by the sheriff's dept. and by private agents so, service by public notice in the local newspaper was done according to law. Defendent has surfaced saying he was out of the country working. The insurance company who is now the is stating defendent was improperly served. The defendent is not a corporation and his spouse was not out of the country at the time, but would not except service. Can this action be appealed by the insurance company after judgement has been awarded and the discovery period is over?


Asked on 6/24/02, 2:50 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Service of suit

The answer to your question: "Can this action be appealed by the insurance company after judgement has been awarded and the discovery period is over?

" is yes. Will they be successful depends on the law of your state. In many states, the wife's refusal to accept service does not amount to "no service". You should consult with a local attorney.

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Answered on 6/24/02, 5:10 pm


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