Where the maker and endorser of a promissory note who reside in different counties are subjected to an action in the county where the maker resides, as provided by Article VI, Section II, Paragraph V of the Constitution of this state, service of a copy of the original pleading and process on the endorser, as provided in the case of joint obligors and promisors, shall be deemed sufficient.
§ 9-10-32.Action against maker and endorser residing in different counties
Chapter 10. Civil Practice and Procedure Generally · Article 2. Venue · Last amended 1983 · Last verified July 17, 2026
In one sentenceWhen a promissory note’s maker and endorser live in different counties and the constitution allows suing both in the maker’s county, serving the endorser with a copy of the pleading and process the same way joint obligors and promisors are served counts as sufficient service.
Full Text of § 9-10-32
Plain-English Summary
Promissory notes often involve two people on the hook in different places — the maker who signed the note and an endorser who guaranteed it. Georgia’s constitution allows a lawsuit against both to proceed in the maker’s county even when the endorser lives elsewhere, and this section spells out how service works in that scenario.
The answer borrows from the joint-obligor rule: serving the endorser with a copy of the original pleading and process, the same way service works for joint obligors and promisors, is treated as sufficient. The endorser does not need a separate, heightened form of service just because the case is proceeding in a county that is not the endorser’s home county.
Frequently Asked Questions
Can a maker and endorser of a promissory note be sued together even if they live in different counties?
Yes, they can be subjected to an action in the county where the maker resides, as provided by the Georgia Constitution.
How is the endorser served in that situation?
By service of a copy of the original pleading and process, in the same manner provided for joint obligors and promisors.
Is that method of service considered sufficient?
Yes, the section states it shall be deemed sufficient.
Does the endorser need to reside in the county where the case is filed?
No, the point of the section is that the endorser can be served even though residing in a different county than the maker.
What constitutional provision authorizes suing the maker and endorser together?
Article VI, Section II, Paragraph V of the Georgia Constitution.
Amendment History
Orig. Code 1863, § 3266; Code 1868, § 3277; Code 1873, § 3353; Code 1882, § 3353; Civil Code 1895, § 5012; Civil Code 1910, § 5594; Code 1933, § 3-303; Ga. L. 1983, p. 3, § 48.
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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