A person who is not a citizen of this state, passing through or sojourning temporarily in the state, may be subject to an action in any county thereof in which he may be found at the time when the action is brought.
§ 9-10-33.Action against nonresident found in state
Chapter 10. Civil Practice and Procedure Generally · Article 2. Venue · Last amended 1933 · Last verified July 17, 2026
In one sentenceA person who is not a Georgia citizen but is passing through or temporarily staying in the state can be sued in whatever county that person happens to be found in when the action is filed.
Full Text of § 9-10-33
Plain-English Summary
This section handles a narrow but useful venue question: what county can you sue someone in when they do not live in Georgia at all, just visiting or passing through? The answer is wherever you catch them. A nonresident sojourning temporarily in the state can be sued in any county where that person is physically found at the time the action begins.
It is a practical rule built around the reality that a temporary visitor does not have a Georgia county of residence to anchor venue to in the first place. Rather than leaving plaintiffs without a forum, the statute lets venue follow the nonresident’s location at the moment suit is filed.
Frequently Asked Questions
Who does this section apply to?
A person who is not a citizen of Georgia and is passing through or sojourning temporarily in the state.
In which county can such a person be sued?
Any county in which the person may be found at the time when the action is brought.
Does the nonresident need to have any lasting connection to that county?
The section only requires that the person be found there at the time the action is brought.
Why does this section matter for a temporary visitor to Georgia?
Because a temporary visitor does not have a Georgia county of residence, this section supplies a venue anchor based on where the person is physically located.
Does this section apply to Georgia residents?
No, it applies to a person who is not a citizen of this state.
Amendment History
Orig. Code 1863, § 3318; Code 1868, § 3339; Code 1873, § 3416; Code 1882, § 3416; Civil Code 1895, § 4954; Civil Code 1910, § 5531; Code 1933, § 3-206.
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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