A person subject to the jurisdiction of the courts of the state under Code Section 9-10-91, or his executor or administrator, may be served with a summons outside the state in the same manner as service is made within the state by any person authorized to make service by the laws of the state, territory, possession, or country in which service is made or by any duly qualified attorney, solicitor, barrister, or the equivalent in such jurisdiction.
§ 9-10-94.Service
Chapter 10. Civil Practice and Procedure Generally · Article 4. Personal Jurisdiction over Nonresidents · Last amended 1966 · Last verified July 17, 2026
In one sentenceOnce a nonresident falls under Georgia’s long-arm jurisdiction, this section allows service of a summons on that person outside the state, following the service rules of wherever service happens, carried out by anyone authorized there, including a local attorney, solicitor, or barrister.
Full Text of § 9-10-94
Plain-English Summary
Jurisdiction and venue mean little if the defendant can never be handed the papers that start the case. This section solves that problem for nonresidents reached under Code Section 9-10-91: it authorizes service of a summons on them outside Georgia’s borders, so a plaintiff does not have to wait for the defendant to set foot in the state.
Rather than inventing a separate set of out-of-state service rules, the section borrows the service law of wherever the defendant happens to be. Service must follow the same manner as service made within Georgia, but it is carried out by whoever is authorized to make service under the law of the state, territory, possession, or country where the defendant is found. That flexibility extends to legal professionals in that jurisdiction — a duly qualified attorney, solicitor, barrister, or equivalent officer there can complete the service, even without a sheriff or process server involved.
This provision, paired with the jurisdictional grounds in Code Section 9-10-91, completes the mechanics that let Georgia courts bring out-of-state disputes to judgment: first the statute identifies who counts as a nonresident, then it defines when Georgia reaches that person, and finally it explains how to get the lawsuit into their hands.
Frequently Asked Questions
Where can a nonresident defendant be served under this section?
Outside the state of Georgia, wherever the defendant can be found, so long as the person is subject to jurisdiction under Code Section 9-10-91.
What service rules apply when serving someone out of state?
Service must be made in the same manner as service is made within Georgia, following the law of the state, territory, possession, or country where the service takes place.
Who is authorized to carry out out-of-state service under this section?
Any person authorized to make service by the laws of the place where service is made, or a duly qualified attorney, solicitor, barrister, or equivalent legal officer in that jurisdiction.
Does this section apply to every nonresident defendant?
It applies to a person subject to the jurisdiction of Georgia courts under Code Section 9-10-91, or that person’s executor or administrator — not to nonresidents generally.
Is service through a foreign attorney or barrister valid under this section?
Yes, the section expressly allows service by a duly qualified attorney, solicitor, barrister, or the equivalent in the jurisdiction where service is made.
Amendment History
Ga. L. 1966, p. 343, § 3.
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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