Appellate Practice Attorney serving New York, NY
That's a tough question. If you were never served, you are not subject to the court's jurisdiciton and theoretically could have any judgment entered against you vacated, and you may feel that you don't want to wake up the plaintiff to the problem by taking any action. On the other hand, you're taking a chance that the plaintiff may have made some effort to serve you of which you are unaware, and that wehn push comes to shove, a court may hold that you were validly served and therefore a default judgment entered against you is enforceable. If it were me, I probably would not want to take the chance, but I might wait untiil the statute of limitations has run. Defamation claims generally have short limitations periods (I don't know what Georgia's is), and if you get the case dismissed on jurisdictional grounds after the statute of limitations has run, it will probably be too late for the plaintiff to sue you again. Whether you choose to wait until the limitations period has run or not, you eventually would make a motion to dismiss the case for lack of jurisdiciton; if jurisdiction is an issue other than just the service, you may be able to make a limited appearance just to contest jurisdiction, without appearing generally in the case.
Answered on May 03rd, 2019 at 8:34 AM