10
LC 29 3939
House
Bill 885
By:
Representatives Levitas of the
82nd,
Lunsford of the
110th,
Willard of the
49th,
Maddox of the
127th,
Ramsey of the
72nd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia
Annotated, relating to civil proceedings in magistrate courts, so as to provide
for applicability of the "Georgia Civil Practice Act" under certain
circumstances; to change provisions relating to service of process; to provide
for service of process by publication in certain circumstances; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating
to civil proceedings in magistrate courts, is amended by revising Code Section
15-10-42, relating to Civil Practice Act inapplicable to magistrate courts, as
follows:
"15-10-42.
Except
as provided in Code Sections 15-10-43 and 15-10-50,
proceedings
Proceedings
in the magistrate court shall not be subject to Chapter 11 of Title 9, the
'Georgia Civil Practice
Act.,'but
such proceedings may be subject to such Act if application of such Act will
achieve substantial justice between the parties according to the rules of
substantive law and will serve the interests of
justice."
SECTION
2.
Said
article is further amended by revising subsections (b) and (g) of Code Section
15-10-43, relating to a statement of claim in civil proceeding in magistrate
court, service of process, answer to claim, default judgment, opening of
default, and relief in magistrate court, as follows:
"(b)(1)
Service of process within the county shall be made by
serving
A copy of
the verified statement of claim shall be served
on the defendant personally
with a
verified statement of claim, or by leaving
a copy thereof at the defendant's dwelling or usual place of abode with some
person of suitable age and discretion then residing therein, or by delivering a
copy of the claim to an agent authorized by appointment or by law to receive
service of process, and such service shall be sufficient.
Service of
said process shall be made within the county as provided in this Code
section.
(2)
Service of
process outside the county shall be by
second original as provided in Code Section 9-10-72. Said service shall be made
by any official or person authorized by law to serve process in the superior
court, by a constable, or by any person sui juris who is not a party to, or
otherwise interested in, the action, who is specially appointed by the judge of
said court for that purpose. When the claim and notice are served by a private
individual, such individual shall make proof of service by affidavit, showing
the time and place of such service on the defendant.
(3)
When the defendant cannot, after due diligence, be found within this state, or
conceals himself or herself to avoid the service of process, 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 statement of claim,
that a claim exists against such defendant 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 of process be made by the publication of summons, and the provisions of
paragraph (1) of subsection (f) of Code Section 9-11-4 shall be followed for
such service."
"(g)
Notwithstanding
the provisions of Code Section 15-10-42,
the
The
magistrate court may grant relief from a judgment under the same circumstances
as the state court may grant such relief. Requests for relief from judgments
pursuant to this Code section in the magistrate court shall be by filing a
written motion which sets forth the issues with reasonable specificity. The
procedure shall then be the same as in other cases except the court may assess
costs as seem just."
SECTION
3.
Said
article is further amended by revising subsection (g) of Code Section 15-10-50,
relating to propounding of interrogatories to judgment debtor, form, contempt,
and authorized discovery procedures, as follows:
"(g)
Notwithstanding
the provisions of Code Section 15-10-42,
the
The
judgment creditor or a successor in interest when that interest appears of
record may, in addition to any other process or remedy provided by law, utilize
the discovery provisions set forth in Code Section 9-11-69."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.