I spoke with a gentleman in the Legal Process division. He informed me that in the state of Georgia, you can only sue a corporation in the county that their registered agent is listed. He says if they refuse service, process can be served through the secretary of state. This is in contrast to what gwinnett courts told me. They stated that it was my option to sue the corporation in either the county of their primary place of business OR the county of their registered agent. Thought I would share the info with others. Go after the company through the registered agent, but only in the county in which the registered agent resides.
does anyone know about the refusal of service part. Can you actually refuse service. I would imagine you can say no i will not sign. I guess you don't have to take something that someone is giving you. But is there any legal terminology.
Most courts will advise that serving by registered mail is difficult. Anybody can refuse to sign for a certified letter from the post office--making service incomplete. The plaintiff then just has to use a different method. The best method is using a sheriff/marshall. Next is probably a private process server. Once papers are delivered in an appropriate manner, service is complete. Unlike the movies, the person doesn't have to touch the summons. If nobody will take it, the sheriff can just drop it. Some states allow the sheriff to just post the summons on the door of the defendant--nobody even has to be at home. In our state, once the Secretary of State's office mails the certified letter to the registered agent, they inform the court that service is complete. In this instance, nobody has to actually sign for the certified mail. The act of mailing it is the service.
well i wonder what hapeens when the Sheriff comes and you refuse to deal with him. any ideas on that.
