The defendant may acknowledge service or waive process by a writing signed by the defendant or someone authorized by him.
§ 9-10-73.Acknowledgment of service or waiver of process
Chapter 10. Civil Practice and Procedure Generally · Article 3. Service · Last amended 1933 · Last verified July 17, 2026
In one sentenceA defendant may acknowledge that service was made, or waive formal process altogether, by signing a writing to that effect, and someone authorized by the defendant can sign it on the defendant’s behalf.
Full Text of § 9-10-73
Plain-English Summary
Formal service of process takes time and effort, and this section offers a shortcut when a defendant is willing to cooperate. Rather than requiring a sheriff or process server to track the defendant down, the defendant can acknowledge that service occurred, or waive the process requirement outright, by signing a document that says so.
The signature does not have to come from the defendant personally — someone the defendant has authorized to act on their behalf can sign the acknowledgment or waiver instead. Either way, the effect is the same: the case can move forward without the formal steps of service, because the defendant’s own signed writing establishes that the notice requirement has been satisfied.
Frequently Asked Questions
How can a defendant acknowledge service under this section?
By a writing signed by the defendant, or by someone authorized by the defendant, acknowledging service.
Can a defendant waive process entirely instead of being formally served?
Yes, the defendant may waive process by the same kind of signed writing.
Who is permitted to sign the acknowledgment or waiver?
The defendant, or someone authorized by the defendant.
Does this section require any particular form for the writing?
The text requires only that it be a writing signed by the defendant or an authorized person.
What is the practical effect of a signed acknowledgment or waiver?
It establishes that the defendant received notice of the action without the need for formal service of process.
Amendment History
Laws 1840, Cobb’s 1851 Digest, p. 363.; Code 1863, § 3250; Code 1868, § 3261; Code 1873, § 3337; Code 1882, § 3337; Civil Code 1895, § 4983; Civil Code 1910, § 5561; Code 1933, § 81-211.
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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