QUESTION

Long arm statute

Asked on Jul 08th, 2013 on Civil Litigation - Georgia
More details to this question:
I live in Georgia. I have a long arm statute I am trying to perform on a company that has a registered agent in Sacramento California. California clerks keep sending it back to me with post it notes saying they don't know what this is about. Phone calls get me clerks that say mail it to us. Then it just gets mailed back. How do I get the registered agent served?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
A long arm statute is a statute which sets forth the circumstances where a given jurisdiction will exercise jurisdiction over non-residents.  I don't understand what you mean when you say that you are trying to "perform" a long arm statute. If what you are saying is that you have commenced, or intend to commence (in most jurisdictions, you file the action and then serve the defendant, but in  some you serve first; I don't know the procedure in Georgia), a lawsuit in Georgia against an entity which has a registered agent in California, then you have to serve that entity in accordance with the Georgia long arm statute.  Depending on what that statute provides, that may entail merely sending a copy of a summons and complaint to the agent by certified mail, or may entail hiring a process server to go to the address of the agent and physically delivering documents to the agent, or something else.  Although in some jurisdictions the Clerk of the Court will make the first attempt at service, in most it is either the plaintiff's responsibility to get the necessary process served, or a sheriff will perform service.  You must review the Georgia long arm statute.
Answered on Jul 08th, 2013 at 4:01 PM

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