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Process Serving

study questions for certified process servers

QuestionAnswer
To be certified to serve process in GA the age requirement is ? 18 years old
Two or more requirements besides age to be a certified process server in GA are ? 12 hour pre- certification training ,$25,000 minimum surety bond ,criminal background check/fingerprinting
Process servers who may serve in counties in which the sheriff's prohibit service by certified process servers hold the title of ? Permanent or special process server
A Certified process servers certification may be revoked only by who ? A superior court judge
The failure of a process server to file the proof of service within 5 business days will result in ? the time for the party served to answer will not begin until such proof of service is returned
During what time of the day may a process server enter a gated or secured community ? Reasonable Hours
When a registered agent of a domestic corporation fails to make himself available for service ,you may perfect service by serving ? an officer of the corporation or one who is apparently in charge of the office
When a corporation incorporated in GA has no existing office and no person authorized by law to accept service may be found ,process may be served on ? Secretary of State
A foreign corporation transacting business in GA that does not have a registered agent who may by reasonable dilligence be served ,may be served process by ? Ceritfied mail ,copy goes to the secretary of state .
Service of process on a minor is perfected by handing the summons and complaint to the ? mother ,father or gaurdian
A subject is obligated by law to accept service if he or she informed by the process server as to the nature of the papers and is within ? Speaking distance
One not appointed to serve statements of claims issued by a magistrate court may serve such claims if appointed to serve process out of the __________ court ? Superior
A summons of garnishment may be served on a defendant's employer by serving ? The agent in charge of the office or place of business where defendant is employed .
Where may a subpoena requiring the attendance of a witness at a hearing or trial be served ? Any place within the state
Who may serve a subpoena ? Sheriff ,deputy ,or any person over 18 yrs old
When may a subpoena be served by substituted service ? A subpoena may never be served by susbstituted service .
When are appropriate witness fees not required to accompany a subpoena ? A witness fee need not accompany the subpeona where the witness is served in the same county as where the hearing/deposition is being conducted .The witness fee may be presented at the hearing.
The Statutory witness fee in GA is ? $25.00
Mileage fee that accompany a witness fee in GA are ? $0.45 per mile
When may a member of the Georgia General Assembly who is served a subpoena refuse to honor the subpoena ? While the General Assembly is in order or an extraordinary session .
When may a witness residing outside the state not lawfully be served with civil process while in GA in obedience to a subpoena directing him or her to attend and testify in GA ? On the way to ,while at , and on the way home from court .
May a person passing through GA while going to another state in obedience to process requiring them to testify in that state be served with civil process ? NO
May a deposistion subpoena issued by a court in another state ,relationg to another matter being litigated in that other state and which is served on a person in GA be enforced by a GA court ? No , Our courts do not have the jurisdiction to enforece subpoenas issued by other states
Deposistion subpoenas issued by other states may be served in GA if served pursuant to which law ? 24-10-111 , The Uniform Foreign Deposistions Act
Service of a dispossessory summons may be served by ? sheriff , deputy ,lawful constable of the county where the land is located ,or a private process server specially or permanently appointed by the court
When is a process server required to engage in due diligence ? Where action is filed within the statute of limitations ,but is not served within 5 days or within the limitation period .
Acting in a reasonable and diligent manner to insure service is perfected as quickly as possible is the definition of ? Greatest Possible Diligence
A process servers affidavit of service may only be rebutted by evidence that is ? Affirmed insufficient , the strongest of which the nature of the case will admit
The most important factor in the face of a defendant's denial of service is ? Notes of the service ,dates ,times,description of subject , cars in drive, tags ,etc
The efforts a process server must take when confronted with knowledge that there may be a problem with service is referred to as ? Greatest Possible Diligence
May service in GA be effected on Sundays and religious holidays ? YES
May Deposistion Subpeonas be served by mail ? Yes , certified with return reciept .
Service of a summons and complaint by a private processs server is governed by ? statute 9-11-4
Filing of the affidavit of service of a summons and complaint is the responsibility of ? the person serving the process ,sheriff ,marshall ,or such officials deputy
Suitable age and discretion is a term that applies to ? one who resides with the defendant such as a son or daughter
A Statement of Claim is issued by which court ? Magistrate
The requirements to recieve a special appointment by a court to serve a GA summons and complaint are ? 18 yrs of age,not a party to,appointed as a process server by court in which action is brought.
One qualification in GA to recieve appointment as a certified process server is a surety bond in the amount of ? $25,000.
Written notice of a garnishment must be mailed to the defendant within how many business days following the service of the garnishment on the garnishee ? 3 days
Certification of a process server is issued by ? Sheriff of any county of this state
To be eligible for renewal of certification a certified process server must show evidence of taken a total of ________hours of training during each of the preceding 3 years ? 5 hours
A certified process server arrested for an alleged felony must immediately notify ? sheriff of the county where appointed
Before serving in any county a certified process server must first notify ? sheriff where service will be attempted
A certified process servers credentials are issued by ? the sheriff who issues the certification
Service of a summons of garnishment on a corporation is perfected by serving ? the president ,other officer of the corporation,secretary ,cashier , or other agent thereof (9-11-4)
A complaint not accompanied by a summons is ? VOID
Certification allows a process server to serve a summons and complaint even if NOT a disinterested person .True or False ? FALSE
Under what circumstances may a defendant who is aware of the process server's purpose refuse to accept service ? when not within speaking distance of process server
When may a certified process server engage in discussions with a defendant regarding action being served ? When necessary to successfully and professionally serve process on the party .
What is the minimum numer of residences or offices that are needed to count as a gated community ? 2
How long may a process server stay inside a gated community ? reasonable amount of time
Issuance of a second original where defendant reside out of the county is issued by ? Clerk of the court where the action is filed
Process servers are required to handle second originals in what manner ? serve like any other paper
9-10-94 Personal Jurisdiction over Nonresidents is sometimes called ? Long Arm Statute
19-6-28 Enforcement of orders ,contempt,service of rule nisi's These actions generally apply to what type of case ? Domestic Relations
Created by: Matt90
 

 



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