§ 9-10-71.Service by publication on nonresidents or unknown persons with interest in property in state
Chapter 10. Civil Practice and Procedure Generally · Article 3. Service · Last amended 1933 · Last verified July 17, 2026
In one sentenceWhen a nonresident or an unknown person claims or owns an interest in real or personal property located in Georgia, that person may be served by publication in property-related proceedings such as quiet title, lien enforcement, partition, or specific performance actions, supplementing the state’s other publication-service provisions.
(a)Where any nonresident or person unknown claims or owns title to or an interest, present or contingent, in any real or personal property in this state, service on the nonresident or unknown owner or claimant may be made by publication in cases affecting such property in proceedings brought:
(1)To remove a cloud therefrom or quiet title thereto;
(2)To cancel or set aside deeds, mortgages, liens, or encumbrances thereon;
(3)To establish, enforce, or foreclose liens thereon;
(4)To enforce, by decree for specific performance, any contract in reference thereto;
(5)To order the partition thereof by division or sale;
(6)To make any decree or order in which the subject of the action is real or personal property in this state in which a nonresident or unknown person has or may have or claims an interest, actual or contingent, and in which the relief demanded consists wholly or in part in excluding him from an interest therein;
(7)Where a nonresident or person unknown has or may have or may claim a present, future, or contingent interest in any property in this state; or
(8)Where a nonresident or person unknown may have or claim any interest in any trust estate in this state and it becomes necessary or proper or advantageous to order a sale of the whole or any part of the property.
(b)This Code section shall be supplemental to the other provisions in this Code providing for service by publication.
Plain-English Summary
Some lawsuits are about property rather than a person, and the person with a stake in that property may be impossible to track down or may not even live in the state. This section lets courts reach those absent claimants through publication rather than personal service, but only in a defined list of property-related proceedings.
The list covers the recurring situations where a court needs to bind an unknown or nonresident interest holder: quieting title or removing a cloud on it, canceling or setting aside deeds, mortgages, liens, or encumbrances, establishing or foreclosing liens, ordering specific performance of a contract touching the property, ordering partition by division or sale, entering any decree affecting a nonresident’s or unknown person’s actual or contingent interest that would exclude them from it, and handling present, future, or contingent interests in property or in a trust estate that needs to be sold.
The section does not replace whatever other publication-service rules already exist elsewhere in Georgia law — it is explicitly supplemental, adding another basis for publication service in these property contexts rather than displacing the general framework.
Frequently Asked Questions
Who can be served by publication under this section?
A nonresident or unknown person who claims or owns title to, or an interest in, real or personal property in Georgia.
What kinds of proceedings does this publication-service option cover?
Actions to quiet title or remove a cloud on it, cancel or set aside deeds, mortgages, liens, or encumbrances, establish or foreclose liens, order specific performance of a contract, order partition, and other proceedings affecting a nonresident’s or unknown person’s interest in property or a trust estate.
Does this section replace other publication-service rules?
No, it is supplemental to the other provisions in the Code providing for service by publication.
Can this section be used for a proceeding involving a trust estate?
Yes, it covers cases where a nonresident or unknown person may claim an interest in a trust estate and it becomes necessary to order a sale of the property.
What type of interest in property does this section cover?
A present, future, or contingent interest, whether the person’s claim is actual or contingent.
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
Also known as:service by publication nonresident property georgiaquiet title service by publication georgiaunknown owner service publication georgiaserving unknown property claimant georgia