Details for 40285489 17SV00137 1/5, 12, 19, 26; 2018 IN THE STATE COURT OF DOUGLAS COUNTY STATE OF GEORGIA DEANGELO HALL
40285489 17SV00137 1/5, 12, 19, 26; 2018 IN THE STATE COURT OF
DOUGLAS COUNTY STATE OF GEORGIA DEANGELO HALL , Plaintiff(s), v. TARA WALKER Defendant( s), CASE NO. 17SV00137 ORDER GRANTING PLAINTIFF’S MOTION FOR SERVICE VIA PUBLICATION Having reviewed the Plaintiffs Motion for Service by Publication and accompanying documents, along with other Pleadings filed in case, this Court hereby GRANTS the Plaintiffs request for service by publication in this case.
However, the method of serving a Defendant by publication is applicable only in those instances where such service is allowed by law. See Hawkins v. Wilbanks, 248 Ga. App. 264 (2001); compare with Melton v. Johnson, 242 Ga. 400 (1978). Further, service by publication will not be considered valid service where Plaintiff is seeking to obtain a personal judgment against a resident defendant, unless it is shown that the defendant has actual knowledge of the underlying lawsuit against him or actively conceals himself within the territory of this state to avoid service of process. See Melton supra.,
Here, there is no allegation that Defendant has actual knowledge of the lawsuit, or that she is actively concealing herself, and as such, the service effected by publication will not authorize the Plaintiff to obtain a personal judgment against the Defendant. Based on the same, the Plaintiffs Motion for Service by Publication is hereby GRANTED, subject to the above limitations regarding obtaining a personal judgment against the Defendant.
AND IT SO ORDERED AND ADJUDGED, this 8th day of August, 2017.
/s/ Eddie Barker Hon. EDDIE BARKER, Judge State Court of Douglas County Douglas Judicial Circuit
Distribution List: QUJNTON G WASHJNGTON
196 PEACHTREE STREET SW
SUITE 310 ATLANTA, GA 30303 TARA WALKER 3502 PROVIDENCE PL DOUGLASVILLE, GA 30135