Q: I am in the process of filling a CS modification in Fulton County. Mom lives in FL. Can I use a private processor in
FL to serve the Summons and Petition?
A: The first thing you should do is hire an attorney and not file that modification yourself. The language an attorney can use is not the same as the language in the forms you will find online. And if a modification is not done properly and you don't obtain a reduction in support, you could end up being ordered to pay the other parties attorneys fees, should they hire an attorney. If you choose to move forward pro se, keep in mind, if the custodial parent gets served and hires an attorney, you should not represent yourself against another lawyer. As far as how to serve in FL, you have to serve according to the laws in the state of FL for proper service. And again, that's where hiring a lawyer comes in to make sure you properly perfect service.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Georgia
- (770) 854-0777
- View Profile
- Answered
A: The first answer is not correct. You can serve per Georgia law. You have to use someone on Fulton's process server list who is willing to go serve in Florida, or you have to use the sheriff in Florida, or file a motion to have a process server in Florida appointed. That requires a motion and an affidavit. You probably do need an attorney to navigate that process.
A: My previous answer is correct as service varies by state, and perfecting PROPER service may be different in the state of FL than it is in GA. For example, there are forms of service that are acceptable in NY that were not necessarily proper service in GA, but my client was serving a NY defendant. Thus, a GA court considered service proper. The second attorney is incorrect in that it is highly unlikely that you will find someone in Florida that is approved to serve in Fulton County. You may have the sheriff's department serve in Florida or obtain an order for a private process server, and that person does NOT have to be approved to serve in Fulton County.
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.
