Canton, GA asked in Consumer Law and Contracts for Georgia

Q: When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of serv

When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of service with the court? The court has uploaded the sheriff's entry of service showing the dates the plaintiff and garnishee were served... Just trying to see if I need to additionally file a certificate of service covering information that the court already has...Don't want to waste the court's time but also don't want to get my case thrown out over a procedural mistake.

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1 Lawyer Answer

A: Good question. Like any other magistrate court claim, when you initially file suit and request the marshal's or sheriff's department to serve the defendant, you are required to fill out a form called the "marshal's entry of service" or something similar to that. Once a defendant has been served or is unable to be served the marshal's will complete that form and file the proof of service with the court. If the defendant was not served then the form will be filed indicating service wasn't made but attempted by the marshals. When the latter occurs, you have the option to request the marshals try again, hire a private process server, or seek alternative service methods.

You can look up your case online to see if one has been filed or you may call the clerk for a status update. Also, it is advised that you hire an attorney to ensure that you all procedures are followed and that your case not be dismissed on a technicality.

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