However, amendments to the original lawsuit, after the defendant(s) has/have been served is typically served upon the opposing party by regular mail. But, the party making the service by regular mail has to sign a certificate of service attesting that they made such mailing + immediately mail the document to the opposing party. Also, when the defendant files an answer or counterclaim, the defendant should attach a certificate of service form attesting that they have served the other party + immediately mail the document to the opposing party.
If the court appoints a special agent to serve process, MAG 10-06), the special agent must serve the defendant or garnishee in accordance with Georgia law and file an affidavit of service, under oath with the clerk of court. MAG 10-07. The affidavit of service sets forth the various ways to properly make service of process
If the court appoints a special agent to serve process, MAG 10-06, the special agent must serve the defendant or garnishee in accordance with Georgia law and file an affidavit of service, under oath with the clerk of court. MAG 10-07. The affidavit of service sets forth the various ways to properly make service of process.
The Magistrate Court version of this form can also be modified to show proof of service of other documents also served by the sheriff's deputies.
This form is used to dismiss civil cases and dispossessory actions. To become effective, a dismissal must be filed with the clerk of court.
If there is a counterclaim pending, the dismissal of the plaintiff's claim WILL NOT dismiss a counterclaim made by the defendant against the plaintiff. Therefore, a plaintiff should carefully examine all pleading or call the clerk of court, 770-822-8100, to determine whether a counterclaim has been filed before filing a dismissal.
The court recommends that if a counterclaim has been filed and the parties desire to dismiss both the claim and the counterclaim, that both parties sign the same dismissal of claims form and file the document with the clerk of court.
An answer and counterclaim must be FILED with the clerk of court within thirty (30) days of the date the defendant is served, unless the defendant signs a waiver of service pursuant to O.C.G.A. 9-11-4 which extends the period to sixty (60) days from the date the notice is sent. (See MAG 10-15 & MAG 10-16) The mailing of an answer and counterclaim is not sufficient unless it is filed with the clerk within the requisite time period. Please mail early to insure timely filing with the clerk of court.
An answer is the defendant's written response to the plaintiff's statement of claim. It should list all the defenses of the defendant and either admit or deny the claims of the plaintiff.
A counterclaim is the claim of the defendant against the plaintiff. Some counterclaims are mandatory, while other counterclaims are permissive. A mandatory counterclaim is a claim of the defendant that arose out of the same transaction that the plaintiff is suing upon. Mandatory counterclaims must be immediately filed in response to the claims of the plaintiff or the defendant's counterclaim may be forever barred. A permissive counterclaim is not related to the plaintiff's claim and does not necessarily have to be filed in response to the plaintiff's statement of claim.
The defendant should fill out the address location where defendant wants future court notices to be sent. Also, it is critical that the defendant list a "day-time" phone number. Oftentimes calendar conflicts arise at the last moment, and the court cannot notify the defendant of any rescheduling unless the court has a day-time telephone number to immediately reach the defendant.
Helps Plaintiff
Expedites service in appropriate cases. Saves the additional court costs of paying the sheriff's department to serve process.
Helps Defendant
Saves the additional court costs of paying the sheriff's department to serve process. These costs would be assessed against defendant if defendant loses the case. Grants the defendant an additional 30 days to file an answer. Avoids the possible embarrassment of being publicly served with process by a deputy in uniform in a marked patrol car.
To lessen the cost of litigation and to permit the defendant to have an additional time period to file an answer. This applies to civil cases only, and would not be appropriate for dispossessory actions, foreclosures of motor vehicles or other criminal proceedings.
Helps Plaintiff
Expedites service in appropriate cases. Saves the additional court costs of paying the sheriff's department to serve process.
Helps Defendant
Saves the additional court costs of paying the sheriff's department to serve process. These costs would be assessed against defendant if defendant loses the case. Grants the defendant an additional 30 days to file an answer. Avoids the possible embarrassment of being publicly served with process by a deputy in uniform in a marked patrol car.
Our statement of claim form, MAG 10-01, contains this statutory notice. Therefore, if a plaintiff files a statement of claim using form MAG 10-01, then this document is not needed.
This form must be attached to all other civil complaints, or statement of claims, which do not otherwise contain the statutory notice required by O.C.G.A. 15-10-48.