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Since the sheriff was not able to served the defendant

Mr.McCulloch, reason given" does not...
Since the sheriff was not able to served the defendant Mr.McCulloch, reason given" does not live at address". But the Rockdale County Board of Assessors (Conyers, Ga )has the address as the defendant present address. What happens to my case now? Does my case stops because the defendant was not able to be served? This is the only address I have the owner's house address where the dispute of property take place.
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Answered in 33 minutes by:
10/12/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Under GA law, you need to ask the court if you can do service by publication. You can look up GA Code of Civil Procedure 9-11-4 to find out specifically how this process works for your county. I don't want to say for sure in case the rules have changed or if there is something specific. Regardless, you may be able to publish it in a local legal newspaper if you can prove that you cannot find this person or they are avoiding service altogether.

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Customer reply replied 1 month ago
I wlooked into the information gave to me " look up Ga of Civil Procedure 9-11-4 which does not relate to my problem or needs. I went to the Magistrate Court Rockdale County the worker's answer was I need an attorney involved to address the court. Did you know that?
If you can write the information from my previous answer (October 11, 2017) to one of my question on a head letter I would appreciate it very much: "Hello and welcome back. Yes ,you can remove the top portion of the fence that is illegally on your property and that is proven by the surveyor's documents. You don't have to hire a company to do it and you cannot be arrested or sued . If there is something that is on your property , you have the right to remove it without permission from any other party . And yes, you should send a letter requesting the rental fee as well as that is also a typical measure of damages that a court would award did you have any other questions for me ? Any any Real Estate lawyers that are in the Rockdale County Ga area so I can setup a consultation with.

Hello, I don't believe that a lawyer must be involved unless there is a specific Rockdale County rule that requires this. Also, you have to be very careful in speaking with employees there because they aren't lawyers. Also, if they didn't provide you any legal authority, then it is likely they don't know what they're talking about. the code at 9-11-4(f)(1)(A) is what governs your situation. Take a look here and let me know what you think and why it doesn't apply.

(A) General. When the person on whom service is to be made resides outside the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of the summons, and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, and it shall appear, either by affidavit or by a verified complaint on file, that a claim exists against the defendant in respect to whom the service is to be made, and that he or she is a necessary or proper party to the action, the judge or clerk may grant an order that the service be made by the publication of summons, provided that when the affidavit is based on the fact that the party on whom service is to be made resides outside the state, and the present address of the party is unknown, it shall be a sufficient showing of such fact if the affiant shall state generally in the affidavit that at a previous time such person resided outside this state in a certain place (naming the place and stating the latest date known to affiant when the party so resided there); that such place is the last place in which the party resided to the knowledge of affiant; that the party no longer resides at the place; that affiant does not know the present place of residence of the party or where the party can be found; and that affiant does not know and has never been informed and has no reason to believe that the party now resides in this state; and, in such case, it shall be presumed that the party still resides and remains outside the state, and the affidavit shall be deemed to be a sufficient showing of due diligence to find the defendant. This Code section shall apply to all manner of civil actions, including those for divorce.

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