Legal Question in Personal Injury in Georgia

Unable to Serve Process

What happens with a tort lawsuit in Superior Court that is never able to be served on a GA Defendant?

Is it subject to be dismissed after 120 days of no service like in the FRCP? If so can it be refiled and how many times can it be refiled before it is dismissed with prejudice?

If you dismiss it yourself does the original filling date act to prevent the statute of limitations from running out, but only if it is refilled in 6 months?

If after the 6 months and it is refiled will the new filing date relate back to the original date for statute of limitations purposes if you got an order on the original case for a private process server?

What happens with the case if the named Defendant is able to avoid service until after the statute of limitations has run out, are they essentially in the clear from having to answer if and when you finally do end up getting them served when you kept trying to serve them through a private process server who simply was never able to catch them off guard?

Once you have done all that you can to have them personally served, is it possible for the court to order that they be served by certified and regular mail?

I mean what can one do if they are determined to refuse to be served?


Asked on 2/27/09, 2:27 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Unable to Serve Process

Those many questions are for a lawyer, since one is obviously necessary (and that is just to get a case filed and served, before the actual merits are important)

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Answered on 2/27/09, 2:41 pm
David Glass Law Offices of David H. Glass, LLC

Re: Unable to Serve Process

If you are not represented by an attorney, I would strongly consider discussing your case with one. The answers to your questions in order. 1. The case can be dismissed for failure to serve (it depends on the Judge). 2. You can refile a case only if you are still within the 2 yr. statute of limitations (if you got service, you can refile 6 months after the dismissal date). 3. It will relate back only if you got service before you dismiss the case; or it is dismissed by the Judge. 4. If the Defendant is never served you can file a claim against your insurance company's uninsured coverage (assuming you have uninsured coverage). You can also file for service by publication.

If you would like to discuss your case, you can email or give me a call at 404.529.9081.

David H. Glass, Esq.

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Answered on 2/27/09, 2:47 pm


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