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§ 9-10-12.Certified mail equivalent to registered mail; sufficient compliance for notice by statutory overnight delivery

Chapter 10. Civil Practice and Procedure Generally · Article 1. General Provisions · Last amended 2000 · Last verified July 17, 2026

In one sentenceWherever Georgia law requires a notice to be sent by registered mail, certified mail satisfies the requirement, and wherever a law allows notice by statutory overnight delivery, that method is satisfied by using the postal service or a commercial delivery firm bound to next-business-day delivery with a signed receipt returned to the sender.

Full Text of § 9-10-12

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(a) Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice shall be given by “registered mail,” the notice may be given by “certified mail.”
(b) Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice may be given by “statutory overnight delivery,” it shall be sufficient compliance if:
(1) Such notice is delivered through the United States Postal Service or through a commercial firm which is regularly engaged in the business of document delivery or document and package delivery;
(2) The terms of the sender’s engagement of the services of the United States Postal Service or commercial firm call for the document to be delivered not later than the next business day following the day on which it is received for delivery by the United States Postal Service or the commercial firm; and
(3) The sender receives from the United States Postal Service or the commercial firm a receipt acknowledging receipt of the document which receipt is signed by the addressee or an agent of the addressee.

Plain-English Summary

Legal notices in Georgia often specify a delivery method, and this section modernizes two of them. First, anywhere a statute, ordinance, rule, or regulation calls for registered mail, certified mail works just as well — no need to track down the older, less common registered-mail service.

Second, it defines what statutory overnight delivery requires when some other law permits that option. Three things have to line up: the sender uses the United States Postal Service or a commercial firm that regularly handles document or package delivery, the terms of that delivery promise arrival no later than the next business day, and the sender ends up with a receipt, signed by the addressee or the addressee’s agent, acknowledging the document arrived.

Together these rules give anyone sending a legally required notice a clear, practical way to comply, whether the underlying law was written decades ago around registered mail or more recently around overnight delivery services.

Frequently Asked Questions

If a law requires notice by registered mail, can certified mail be used instead?

Yes, whenever a law of this state provides that notice shall be given by registered mail, the notice may be given by certified mail.

What three conditions satisfy statutory overnight delivery?

Delivery through the United States Postal Service or a commercial firm regularly engaged in document delivery, terms calling for next-business-day delivery, and a signed receipt returned to the sender acknowledging receipt.

Does the delivery firm have to be the Postal Service specifically?

No, a commercial firm regularly engaged in the business of document delivery or document and package delivery also qualifies.

Who can sign the receipt acknowledging delivery?

The addressee or an agent of the addressee.

Does this section apply only to state statutes, or also to local rules?

It applies to any law, statute, Code section, ordinance, rule, or regulation of this state or of any officer, department, agency, municipality, or governmental subdivision of the state.

Amendment History

Ga. L. 1967, p. 560, § 1; Ga. L. 2000, p. 1589, § 2.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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