House Bill 1055, signed May 13 by Georgia Gov. Sonny Perdue, will increase certain court fees immediately and potentially direct more business to private process servers. Bill items that will affect service of process in Georgia include:
- Court filing fees for civil cases will immediately increase by $125 in Superior and State Courts. The base amount that the $125 will be added to varies by county, and the final amount will depend on various state-assessed and county-assessed costs.
- The Sheriff's fee for serving summons and complaints will increase to $50, up from $25.
- Service of dispositions will remain at $25.
Paul K. Tamaroff, President of the Georgia Association of Professional Process Servers (GAPPS), provided ServeNow.com with the following statement discussing why HB-1055 and another bill, HB-545, should be considered a victory for Georgia process servers:
GAPPS President Paul Tamaroff's Statement
HB-1055 in conjunction with HB-545 (which passed the Georgia Legislature and is awaiting the governor's signature), will have profound benefits for Georgia process servers.
HB-545 amends O.C.G.A. §9-11-4(c) and completely changes the process by which private process servers may be appointed to serve process. Presently, to serve a Georgia paper a process server must first be appointed by the court in which the paper is filed. There are two types of appointments; "permanent" and "special". Permanent appointments are usually for only one year and must be renewed annually. Of 159 counties, most of which have three different courts, Superior, State and Magistrate, only a few counties offer such permanent appointments. Thus, for the vast majority of courts in Georgia, a process server must get specially appointed by the court for each paper to be served. HB-545, effective July 1, 2010, while retaining the permanent and special appointments, provides for certification of process servers who complete a specified number of hours of continuing education, pass a test, and get a criminal background check. Once certified, such process servers will be able to serve all papers out of all the courts in the state without further appointment. The bill also requires owners/management companies of gated communities to allow these process servers on the property to perfect service.
HB-1055 in conjunction with HB-545 (which passed the Georgia Legislature and is awaiting the governor's signature), will have profound benefits for Georgia process servers.
HB-545 amends O.C.G.A. §9-11-4(c) and completely changes the process by which private process servers may be appointed to serve process. Presently, to serve a Georgia paper a process server must first be appointed by the court in which the paper is filed. There are two types of appointments; "permanent" and "special". Permanent appointments are usually for only one year and must be renewed annually. Of 159 counties, most of which have three different courts, Superior, State and Magistrate, only a few counties offer such permanent appointments. Thus, for the vast majority of courts in Georgia, a process server must get specially appointed by the court for each paper to be served. HB-545, effective July 1, 2010, while retaining the permanent and special appointments, provides for certification of process servers who complete a specified number of hours of continuing education, pass a test, and get a criminal background check. Once certified, such process servers will be able to serve all papers out of all the courts in the state without further appointment. The bill also requires owners/management companies of gated communities to allow these process servers on the property to perfect service.
The two bills should cause attorneys to utilize the services of private process servers. In addition to the usual benefits provided by private process servers, attorneys will no longer have to get a process server appointed (always a waste of time). Additionally, the raising of the sheriffs' fees will further encourage attorneys to use private process servers, especially those who keep their rates in line with the new sheriffs' fees.
HB-545 is unusual in that it teams the private process servers with the sheriffs. For the past six years the Georgia Sheriffs' Association has fought our attempts to amend the law. Now, the Georgia Ass'n of Professional Process Servers (GAPPS), will be working with the sheriffs' association in establishing and executing the continuing education program and the administering of the test. Certified process servers will be listed on the Sheriffs' Ass'n website. The county sheriffs will be the certifying authorities. The law requires certification of all process servers who qualify, absent good cause shown as to why a process server should not be certified. It is an excellent opportunity for private process servers to establish good working relationships with the sheriffs.
We will be meeting with the Sheriffs' Ass'n during the coming weeks to put the continuing education program together so that process servers may apply for certification as soon as the bill becomes effective on July 1.
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