40-12-1.
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(a) The acceptance by
any nonresident of this state, whether a person, firm, or corporation, of the
rights and privileges conferred by the laws now or hereafter enforced in this
state permitting the operation of motor vehicles, as evidenced by the operation
of a motor vehicle by any such nonresident anywhere within the territorial
limits of this state, shall be deemed equivalent to the appointment by such
nonresident of the Secretary of State of Georgia, or his successor in office, to
be his true and lawful attorney in fact upon whom may be served all summonses or
other lawful processes in any action or proceeding against any such nonresident
growing out of any accident or collision in which any such nonresident may be
involved by reason of the operation by him, for him, or under his control or
direction, express or implied, of a motor vehicle anywhere within the
territorial limits of the State of Georgia, and said acceptance or operation
shall be a signification of his agreement that any such process against him
shall be of the same legal force and validity as if served upon him personally.
(b) If such nonresident motorist is a minor, then the
minor and his parents or guardians shall be deemed to have assented to the
appointment by such nonresident minor and his parents or guardians of the
Secretary of State of Georgia, or his successor in office, to be the true and
lawful attorney in fact for such minor and his parents or guardians, upon whom
may be served any summons or other lawful process in any action or proceeding
against such nonresident minor, his parents, or guardians growing out of any
accident or collision in which any such nonresident minor may be involved by
reason of the operation by him, for him, or under his control or direction,
express or implied, of a motor vehicle anywhere within the territorial limits of
the State of Georgia, and such acceptance or operation shall be a signification
of his agreement or an agreement for him by his parents or guardians that any
such process against him or them shall be of the same legal force and validity
as if served upon him or them personally; and in this respect, the court wherein
such action shall have been filed shall be authorized to appoint, upon motion
duly made, a guardian ad litem for such minor for the purposes of defending such
suit.
40-12-2.
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Service
of process upon a nonresident pursuant to Code Section 40-12-1 shall be made by
serving a copy of the complaint or other pleading with summons attached thereto
on the Secretary of State, his duly authorized agent, or his successor in
office, along with a copy of the affidavit to be submitted to the court pursuant
to this Code section. Such service shall be sufficient service upon any such
nonresident, provided that notice of such service and a copy of the complaint
and process are forthwith sent by registered or certified mail or statutory
overnight delivery by the plaintiff to the defendant, if his address is known,
and the defendant´s return receipt and the plaintiff´s affidavit of
compliance with this Code section are appended to the summons or other process
and filed with the summons, complaint, and other papers in the case in the court
wherein the action is pending. The Secretary of State shall charge and collect a
fee as set out in Code Section 45-13-26 for service of process on him under this
Code section.
40-12-3.
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All actions brought under this chapter relating to the
use of the highways of this state by nonresident motorists shall be brought in
the county in which the accident or injury occurred or the cause of action
originated, or in the county of the residence of the plaintiff, as the plaintiff
in such action may elect, if the plaintiff in such action is a resident of the
State of Georgia; and, if the plaintiff in such action is a nonresident of the
State of Georgia, the action shall be brought in the county in this state in
which the accident or injury occurred or the cause of action originated; and the
courts in such counties having jurisdiction of tort actions shall have
jurisdiction of all such nonresident users in actions arising under this
chapter. Where an action for damages is brought against a resident of this
state, any nonresident involved in the same accident or collision and who is
suable under this chapter may be joined as a defendant in the county wherein the
resident defendant is suable, and the jurisdiction of the court of and over such
nonresident joint defendant shall not be affected or lost by reason of the fact
that the jury returns a verdict in favor of such resident joint defendant
although the accident, injury, or cause of action did not originate in the
county wherein the action is brought.
40-12-4.
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The Secretary of State or his successor in office
shall keep a record of all processes, which record shall show the day and hour
of service upon him. When the return receipt for any such registered notice
shall be returned to the Secretary of State, he shall deliver it to the
plaintiff on request and keep a record of the date of its receipt by him and of
its delivery to the plaintiff.
40-12-5.
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The Secretary of State or his successor in office,
within three days from the date of the service upon him of the summons or
process provided for in this chapter, shall certify to the court in which the
action is pending that the summons or process has been filed in his office as
provided for in this chapter. Upon receipt of such certification by the clerk of
the court in which the action is pending, the complaint shall be answered within
30 days after service of the summons and complaint upon him, unless the time for
the appearance of the defendant shall be extended by an order of the court in
order to allow the defendant ample opportunity to be heard.
40-12-6.
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The court in
which an action brought against a nonresident pursuant to this chapter is
pending shall cause any such action to be continued as long as may be necessary
to afford the defendant reasonable opportunity to defend the action.
40-12-7.
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The Secretary
of State is authorized and empowered to designate such of his employees as he
deems necessary for the purposes of accepting service as provided in this
chapter and performing all other duties and functions as provided in this
chapter for the Secretary of State. Such designation shall be in writing, and
all actions by any such person designated shall be as valid and binding as
though performed by the Secretary of State himself. The power and authority of
any such person so designated shall cease immediately upon such person´s
ceasing to be an employee of the Secretary of State.
40-12-8.
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If any person
upon whom service of process is authorized by this chapter shall die, or be or
become insane, or shall not be sui juris, service shall be made upon his
administrator, executor, guardian, or other personal representative in the
manner prescribed in this chapter, if such administrator, executor, guardian, or
personal representative is not a resident of this state.