Q: Certificate of service: when do the courts consider your served the date clerk of court receives it or by the party
A: In Georgia, generally you are considered “served” with a summons in a civil proceeding when you receive the summons. There are variables to the rule for service, including whether the process server has the proper authority to serve, whether you are a minor or an adult, how service was effectuated, and whether the return of service is filed within 5 days of service. Anytime you receive a summons or it has been left at your residence or, in the case of a corporation, at the place of business, it is best to assume that you have been properly served and seek the advice of an attorney regarding the appropriate action. An attorney can advise you on whether you have been properly served and what the time limits are for responding. Since failing to meet the deadline for responding carries serious consequences, do not delay in speaking with an attorney or responding to the Court.
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