Q: Is it illegal to serve process on a 15 year old?
A: Although it is not a crime to serve process on a minor, doing so likely goes against the procedures outlined in the Georgia's Civil Practice Act. Depending on the set of circumstances involved in the case will determine what procedure needs to be followed. If the lawsuit is against a minor, then it is proper to serve the minor in addition to serving their parents, legal guardian, or guardian ad litem. Failure to do so can result in the case being dismissed. However, if the lawsuit is against a non-minor then personal service is proper by serving that individual personally "or by leaving copies thereof at the defendant's dwelling, house, or usual place of abode of with some person of suitable age and discretion" residing there. O.C.G.A. § 9-11-4(e)(7). Georgia courts have ruled a suitable age to include those who are at least 15 years of age. Therefore, service is proper on a 15 year old for a lawsuit against a non-minor defendant, so long as they reside at the same place.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.