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Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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I attempted to sue an individual for money as they have not

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I attempted to sue an individual for money as they have not delivered the goods I paid for.
They were served with the papers and told the serving officer that they were not a resident of the state. They then gave the officer a fake address in another state. My case was thrown out as he is not a resident. What actions can I take at this point?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

The defendant was actually in the state of GA when they were personally served? Did you challenge their effort to have the petition dismissed against them? Do you know where they are actually located?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

The person was located in the state of Georgia. I filed the case in the county wherein this person resides. The person simply told the officer I am not a resident of this state and gave a fake address in Florida. How do I proceed? No, I did not challenge on the basis of geography.

Hello again, William.

The serving officer would typically have no authority to dismiss the case because the defendant indicated they are not a resident. Their authority is limited to personally serving the individual, not ruling on the case, so I'm not sure your case was dismissed unless the court dismissed it.

Normally, even if a person is not a resident of the state, if they are personally served within the jurisdiction of the state then the court has personal jurisdiction over them and the case may move forward.

So if the individual has been personally served in GA as you indicate, then I would proceed with the case despite what the defendant has told the serving officer.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Tina and 5 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

I have the paperwork and under "officers return" it states "Non Established" Diligent search made and defendant XXXXX XXXXX not to be found in the jurisdiction of this county. Followed by deputy sheriff signature badge number date and time. Please articulate to me what I can do as a next course of action?

Hello again, William.

I would typically retain a private process server to serve the individual since the officer was not successful. Once they are served in the state then you can proceed with your case against them.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.


Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: I look forward to hearing from you again should the need arise.