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Type: Posts; User: tony wilkerson

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  1. Answers
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    I've seen that practice done... on TV, and I...

    I've seen that practice done... on TV, and I suppose you're right. However, the Georgia Civil Practice Act requires, again, that complaint and summons be served together. I've worked as a...
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    I'll concede your ultimate point (about knowing...

    I'll concede your ultimate point (about knowing what court was involved), perhaps. However, prevailing case law still holds that even THAT knowledge is insufficient notice for gaining jurisdiction. ...
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    I understand your point, but I believe you're...

    I understand your point, but I believe you're missing the point that ample case law provides that "mere knowledge of [the] suit" is insufficient for the state to gain jurisdiction. If the only way a...
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    Thanks for everyone's "perspective," but this is...

    Thanks for everyone's "perspective," but this is NOT a family law case. It's a constitutional matter, I. e. Fourteenth Amendment (due process). I sought the perspective I requested because I...
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    I purposely omitted some info, but this wasn't...

    I purposely omitted some info, but this wasn't meant to be a trick question. (I just wanted pure perspective.) The fact is, the judgement is a child custody and support judgment. The state alleges...
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    The question is relevant because the defendant is...

    The question is relevant because the defendant is moving to have the judgment set aside on the grounds of insufficient service, I. e. that no summons was attached. In Ga. there is no statute of...
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    Sorry, but the question is, "how valid is the...

    Sorry, but the question is, "how valid is the defendant's claim?" This is not homework but an actual case in an old Georgia (DeKalb Co.) Superior Court divorce case. In fact, to authenticate, read...
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    Insufficient service of process

    A defendant visits the office of a plaintiff's lawyer and "served" a copy of the petition. The defendant signs an "acknowledgment of service" that reads, "Due and legal service of process is hereby...
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