Can I Get Service By Publication in Georgia?

Full question:

In attempting to legitimate my son I filed a Petition to Legitimate with the superior court of Mitchell County Georgia where my son resides with his mother. I simultaneously paid the sheriff's fee to serve the mother with the petition. I received notice that the sheriff had made 10 attempts to serve the petition and that the mother had refused to answer the door. Should my next step be to serve the mother with the Petition by Publication or is there another alternative? I reside in PA. My question conncerns legal rights to my minor son who lives in GA

• Category: Paternity
• Subcategory: Court Action
• Date: 04/07/2025
• State: Georgia

Answer:

It is possible to get alternative or substituted service, such as service by publication. I suggest calling the clerk of courts, as rules for substitute service vary by court.

Please see the following GA statutes:

9-10-71. (a) Where any nonresident or person unknown claims or owns title
to or. . . .

(a) Where any nonresident or person unknown claims or owns title to or
an interest, present or contingent, in any real or personal property in
this state, service on the nonresident or unknown owner or claimant may
be made by publication in cases affecting such property in proceedings
brought:

(1) To remove a cloud therefrom or quiet title thereto;

(2) To cancel or set aside deeds, mortgages, liens, or encumbrances
thereon;

(3) To establish, enforce, or foreclose liens thereon;

(4) To enforce, by decree for specific performance, any contract in
reference thereto;

(5) To order the partition thereof by division or sale;

(6) To make any decree or order in which the subject of the action is
real or personal property in this state in which a nonresident or unknown
person has or may have or claims an interest, actual or contingent, and in
which the relief demanded consists wholly or in part in excluding him
from an interest therein;

(7) Where a nonresident or person unknown has or may have or may claim
a present, future, or contingent interest in any property in this
state; or

(8) Where a nonresident or person unknown may have or claim any
interest in any trust estate in this state and it becomes necessary or
proper or advantageous to order a sale of the whole or any part of the
property.

(b) This Code section shall be supplemental to the other provisions in
this Code providing for service by publication.

9-11-5. (a) Service — When required. Except as otherwise provided. . . .

(a) Service — When required. Except as otherwise provided in this
chapter, every order required by its terms to be served, every pleading
subsequent to the original complaint unless the court otherwise orders
because of numerous defendants, every written motion other than one which
may be heard ex parte, and every written notice, appearance, demand,
offer of judgment, and similar paper shall be served upon each of the
parties. However, the failure of a party to file pleadings in an action
shall be deemed to be a waiver by him or her of all notices, including
notices of time and place of trial and entry of judgment, and all service
in the action, except service of pleadings asserting new or additional
claims for relief, which shall be served as provided by subsection (b) of
this Code section.

(b) Same — How made. Whenever under this chapter service is required or
permitted to be made upon a party represented by an attorney, the service
shall be made upon the attorney unless service upon the party is ordered
by the court. Service upon the attorney or upon a party shall be made by
delivering a copy to the person to be served or by mailing it to the
person to be served at the person's last known address or, if no address
is known, by leaving it with the clerk of the court. As used in this Code
section, the term "delivery of a copy" means handing it to the person to
be served or leaving it at the person to be served's office with a person
in charge thereof or, if such office is closed or the person to be served
has no office, leaving it at the person to be served's dwelling house or
usual place of abode with some person of suitable age and discretion
residing therein. "Delivery of a copy" also means transmitting a copy via
e-mail in portable document format (PDF) to the person to be served using
all e-mail addresses provided pursuant to subsection (f) of this Code
section and showing in the subject line of the e-mail message the words
"STATUTORY ELECTRONIC SERVICE" in capital letters. Service by mail is
complete upon mailing. Proof of service may be made by certificate of an
attorney or of his or her employee, by written admission, by affidavit,
or by other proof satisfactory to the court. Failure to make proof of
service shall not affect the validity of service.

(c) Same — Numerous defendants. In any action in which there are
unusually large numbers of defendants, the court, upon motion or of its
own initiative, may order that service of the pleadings of the defendants
and replies thereto need not be made as between the defendants, and that
any cross-claim, counterclaim, or matter constituting an avoidance or
affirmative defense contained therein shall be deemed to be denied or
avoided by all other parties, and that the filing of any such pleading
and service thereof upon the plaintiff constitutes due notice of it to
the parties. A copy of every such order shall be served upon the parties
in such manner and form as the court directs.

(d) Filing. All papers after the complaint required to be served upon a
party shall be filed with the court within the time allowed for service.

(e) "Filing with the court" defined. The filing of pleadings and other
papers with the court as required by this chapter shall be made by filing
them with the clerk of the court, except that the judge may permit the
papers to be filed with him, in which event he shall note thereon the
filing date and forthwith transmit them to the office of the clerk.

(f) Electronic service of pleadings.

(1) A person to be served may consent to being served with pleadings
electronically by:

(A) Filing a notice of consent to electronic service and including the
person to be served's e-mail address or addresses in such pleading; or

(B) Including the person to be served's e-mail address or addresses in
or below the signature block of the complaint or answer, as applicable
to the person to be served.

(2) A person to be served may rescind his or her election to be served
with pleadings electronically by filing and serving a notice of such
rescission.

(3) If a person to be served agrees to electronic service of pleadings,
such person to be served bears the responsibility of providing notice
of any change in his or her e-mail address or addresses.

(4) If electronic service of a pleading is made upon a person to be
served, and such person certifies to the court under oath that he or she
did not receive such pleading, it shall be presumed that such pleading
was not received unless the serving party disputes the assertion of
nonservice, in which case the court shall decide the issue of service of
such pleading.