(a) Anything to the contrary notwithstanding, in all instances where a minor, 14 years of age or older, is a legal resident of the county wherein the legal proceeding concerning such service is sought to be made but is temporarily residing or sojourning outside this state or outside the United States, service may be perfected upon the minor by registered or certified United States mail with return receipt attached or by statutory overnight delivery.
§ 9-10-70.Service on resident minor over 14 temporarily outside state; return or refusal of receipt; time for filing defensive pleadings; appointment of guardian ad litem; effect of service on guardian or trustee
Chapter 10. Civil Practice and Procedure Generally · Article 3. Service · Last amended 2000 · Last verified July 17, 2026
In one sentenceA Georgia-resident minor age 14 or older who is temporarily outside the state or the country may be served by registered or certified mail with return receipt, or by statutory overnight delivery, and once a returned receipt or a documented mail refusal is filed, the minor gets 60 days to respond before any adverse judgment can be entered absent a guardian ad litem’s informed waiver.
Full Text of § 9-10-70
(b) When service is to be perfected by registered or certified mail or statutory overnight delivery, as provided for in subsection (a) of this Code section, the clerk or the judge of the court in which the matter is proceeding shall enclose a copy of the petition, order, or other document sought to be served on the minor in an envelope addressed to the minor at his or her last known address and shall mail the same forthwith with postage prepaid, noting on the records of the court the date and hour of mailing, or shall send the same by statutory overnight delivery as provided in Code Section 9-10-12. When a receipt therefor is returned or if the sealed envelope in which the notice was mailed to the minor is returned to the sender by the appropriate postal authorities or commercial delivery company marked “Refused,” giving the date of refusal, and the notation of refusal is signed or initialed by a postal employee or mail carrier or commercial delivery company employee to whom the refusal was made, then the clerk or judge shall attach the same to the original papers in the case or shall otherwise file it as a part of the records in the case and it shall be prima-facie evidence of service on the minor.
(c) When service upon a minor is perfected as set forth in subsections (a) and (b) of this Code section, the minor shall have 60 days from the date of receipt of the registered letter or statutory overnight delivery or the refusal thereof as shown on the receipt of refusal in which to file such defensive pleadings as may be necessary. No judgment or decree shall be rendered in the proceeding which shall adversely affect the interest of the minor until the 60 day period has elapsed unless the judgment or decree is expressly agreed or consented to by the duly appointed guardian ad litem of the minor as being in the best interest of the minor and unless the 60 day period provided for in this subsection has been expressly waived by the guardian ad litem. Each process issued in such cases shall be conformed to the 60 day provision set forth in this subsection.
(d) When the return of service provided for in this Code section is made to the proper court and an order is taken to appoint for the minor a guardian ad litem, and the guardian ad litem agrees to serve in writing, all of which shall be shown in the proceedings of the court, the minor shall be considered a party to the proceedings.
(e) In cases concerning minors 14 years of age or older who are temporarily sojourning or living outside this state or the United States, where the minor has a statutory or testamentary guardian or trustee representing the interest of the minor to be affected by a legal proceeding, service as usual on the guardian or trustee shall be sufficient to bind the minor’s interest in his control to be affected by the proceedings.
Plain-English Summary
Minors who are legal residents of a Georgia county but happen to be abroad or out of the country when a lawsuit touches their interests still need to be served, and this section builds a mail-based process for that. The clerk or judge mails a copy of the relevant petition, order, or document to the minor’s last known address by registered or certified mail with a return receipt, or sends it by statutory overnight delivery, noting the date and hour on the court’s records.
Proof of service comes back one of two ways: a signed return receipt, or the envelope coming back marked Refused, with the refusal date noted and initialed by a postal or delivery employee. Either document, once attached to the case file, counts as prima facie evidence that the minor was served.
The minor then gets breathing room — 60 days from receiving the mailing, or from the date of refusal shown on the receipt, to file whatever defensive pleadings are needed. No judgment adverse to the minor’s interest can be entered before that window closes, unless a duly appointed guardian ad litem agrees the outcome serves the minor’s best interest and expressly waives the 60-day period. Once the court appoints a guardian ad litem who agrees in writing to serve, the minor becomes a party to the case, and if the minor already has a statutory or testamentary guardian or trustee, serving that guardian or trustee the usual way is enough to bind the minor’s interest.
Frequently Asked Questions
Who does this section’s mail-service method apply to?
A minor 14 years of age or older who is a legal resident of the Georgia county where the proceeding is pending but is temporarily residing or sojourning outside the state or the United States.
How may service be perfected on such a minor?
By registered or certified United States mail with return receipt attached, or by statutory overnight delivery.
What counts as proof the minor was served?
A returned signed receipt, or the envelope returned marked Refused with the refusal date noted and signed or initialed by a postal or delivery employee; either serves as prima facie evidence of service.
How much time does the minor have to respond after service?
Sixty days from the date of receipt of the mailing or delivery, or from the date of refusal shown on the receipt.
Can a judgment adverse to the minor be entered before the 60 days run?
Only if the duly appointed guardian ad litem expressly agrees or consents to the judgment as being in the minor’s best interest and expressly waives the 60-day period.
Amendment History
Code 1933, § 81-212.1, enacted by Ga. L. 1964, p. 301, § 1; Ga. L. 2000, p. 1589, § 5.
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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