Custody Modification Service Steps

Summary

If you filed a motion for custody modification in Georgia and used electronic service, verify the email address and court rules. If no response, follow court advice to use a process server or sheriff for service. Document all attempts to serve the defendant to strengthen your case for a default judgment.

Full Conversation

Hi, I filed a motion in GA superior court for custody modification and attached a certificate of service by electronic email. I also see that the court issued a summons to the defendant to answer the complaint. I have not heard back from the defendant about the electronic service of the petition. What should I do now or is everything already done correctly
Hi ****! Here's what you can do next:
- Verify that the email address used for electronic service is correct.
- Check if there are any specific rules in Georgia about electronic service.
- Contact the court to confirm if they received the proof of service and if further action is needed.
Have you tried reaching out to the defendant via another method?
I have but not response. The defendant and I were both recently involved in a prior custody case and appeals case where he accepted and agreed to be serviced electronically by the same email address I am servicing him now.
****, given that the defendant has previously agreed to electronic service and you haven't received a response, you can take the following steps:
- Follow-up with the court: Confirm if they have received the proof of service and inquire about any additional steps.
- Consider alternate service methods: If electronic service isn't working, you might need to explore other methods such as certified mail or personal service.
- Document your attempts: Keep a record of all your service attempts and communications with the defendant.
Have you checked with the court regarding the proof of service and any further instructions?
they mentioned using the processor or sherrif
****, since the court has mentioned using a process server or sheriff, you should:
- Contact a process server or the sheriff's office: They can personally serve the defendant.
- Document all your attempts: Ensure you keep detailed records of all service attempts.
Have you considered reaching out to a local process server or the sheriff for assistance?
if I do this , does that limit my chances of having a default judgement in my favor?
****, using a process server or sheriff to ensure proper service does not limit your chances of obtaining a default judgment. In fact, it strengthens your case by demonstrating that you made multiple attempts to serve the defendant properly. It's essential to follow court instructions and document all your efforts.
ok thanks
Hi ****, it sounds like you have taken appropriate steps so far. Just to recap:
- Ensure you follow the court's instruction to use a process server or sheriff for serving the defendant.
- Document all your attempts to serve the defendant.
- This will strengthen your case for a default judgment.
Good luck!