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JBaxLaw, Attorney
Category: Business Law
Satisfied Customers: 11331
Experience:  Experienced in business formation and licensing issues
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She has already moved out of state and I am close behind but

Customer Question

She has already moved out of state and I am close behind but was at the home cleaning up. When I would not sign he asked if we were married, I said yes but I would not sign as I was not involved. He then thru it at the front door and walked away. I did not pick it up, but want to know is as we are married A process server came to my door to serve my wife for a civil suit. I would not sign as I am not involved. does the above actions mean she has been served? And if I pick it up and throw it away will that cause a problem?
Submitted: 5 years ago.
Category: Business Law
Expert:  JBaxLaw replied 5 years ago.

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In Georgia, where personal service is required a process server may leave documents with a person of suitable age, an adult, at the defendant's residence.

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Customer: replied 5 years ago.

Did the fact that I would not sign mean anything?

Expert:  JBaxLaw replied 5 years ago.
Yes. In addition, a party who is out-of-state can challenge improper service on that basis. When service is by a sherrif's department employee they will typically fill out a certificate showing service occurred and when service is by a private process server a signature proving receipt is generally required. There are alternate forms of service which are only available when standard service is not possible, which would not seem applicable in the situation described.

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