July 2024

Arthur J. Park and Caitlin L. Amick successfully avoided a default judgment for their client, with the Fayette County judge granting the firm’s motion to strike the affidavit of private process server. The private process server had served their client before the judge signed the Order appointing him. As such, the private process server was not an “authorized person” for purposes of O.C.G.A. section 9-11-4(c) and the purported service was ineffective as a matter of law. In short, there was no default at all. Plaintiff’s motion for entry of a default judgment was denied, and the firm’s motion to open default was denied as moot.