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§ 9-11-4.1.Certified process servers

Chapter 11. Civil Practice Act · Article 2. Commencement of Action and Service · Last amended 2017 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-4.1 sets up Georgia's certification system for private process servers, letting a sheriff certify a qualified applicant -- one who passes a background check, training course, and test, and carries insurance or a bond -- to serve process statewide for three-year renewable terms, subject to revocation, fees, and credentialing requirements.

Full Text of § 9-11-4.1

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Certified process servers. A person at least 18 years of age who files with a sheriff of any county of this state an application stating that the movant complies with this Code section and any procedures and requirements set forth in any rules or regulations promulgated by the Judicial Council of Georgia regarding this Code section shall, absent good cause shown, be certified as a process server. Such certification shall be effective for a period of three years or until such approval is withdrawn by a superior court judge upon good cause shown, whichever shall first occur. Such certified process server shall be entitled to serve in such capacity for any court of the state, anywhere within the state, provided that the sheriff of the county for which process is to be served allows such servers to serve process in such county.
(b) Certification procedures.
(1) Any person seeking certification under this Code section shall upon applying for certification present evidence that he or she:
(A) Has undergone a criminal record check based on fingerprints and has never been convicted of a felony or of impersonating a peace officer or other public officer or employee under Code Section 16-10-23;
(B) Completed a 12 hour course of instruction relating to service of process which course has been approved by the Administrative Office of the Courts in consultation with the Georgia Sheriffs’ Association;
(C) Passed a test approved by the Administrative Office of the Courts which will measure the applicant’s knowledge of state law regarding serving of process and other papers on various entities and persons;
(D) Obtained a commercial surety bond or policy of commercial insurance conditioned to protect members of the public and persons employing the certified process server against any damage arising from any actionable misconduct, error, or omission on the part of the applicant while serving as a certified process server; and
(E) Is a citizen of the United States.
(2) A sheriff of any county of this state shall review the application, test score, criminal record check, and such other information or documentation as required by that sheriff and determine whether the applicant shall be approved for certification and authorized to act as a process server in this state.
(3) Upon approval the applicant shall complete a written oath as follows: “I do solemnly swear (or affirm) that I will conduct myself as a process server truly and honestly, justly and uprightly, and according to law; and that I will support the Constitution of the State of Georgia and the Constitution of the United States. I further swear (or affirm) that I will not serve any papers or process in any action where I have a financial or personal interest in the outcome of the matter or where any person to whom I am related by blood or marriage has such an interest.”
(c) Renewal and revocation of certification. A certified process server shall be required to renew his or her certification every three years. Any certified process server failing to renew his or her certification shall no longer be approved to serve as a certified process server. At the time of renewal, the certified process server shall provide evidence that he or she has completed three annual five-hour courses of continuing education which courses have been approved by the Administrative Office of the Courts and has undergone an updated criminal record check. The certification of a process server may be revoked or suspended by a superior court judge for cause at any time. If a complaint has been filed by a sheriff alleging serious misconduct by the process server, such judge may suspend the certification for up to five business days while the matter is considered by the judge.
(d) Fees. The sheriff shall collect a fee of $80.00 for processing the application required by this Code section.
(e) Registry. The sheriff shall forward $30.00 of each fee received to the Georgia Sheriffs’ Association. The Georgia Sheriffs’ Association shall maintain a registry of certified process servers.
(f) Service by off-duty deputy sheriff. An off-duty deputy sheriff may serve process with the approval of the sheriff by whom he or she is employed and shall be exempt from certification under this Code section.
(g) Impersonation of public officer or employee. It shall be unlawful for a certified process server to falsely hold himself or herself out as a peace officer or public officer or employee and any violation shall be punished as provided in Code Section 16-10-23.
(h) Notice to sheriff.
(1) Prior to the first time that a certified process server serves process in any county, he or she shall file with the sheriff of the county a written notice, in such form as shall be prescribed by the Georgia Sheriffs’ Association, of his or her intent to serve process in that county. Such notice shall only be accepted by a sheriff who allows certified process servers to serve process in his or her county. Such notice shall be effective for a period of one year; and a new notice shall be filed before the certified process server again serves process in that county after expiration of the one-year period.
(2) The provisions of this subsection shall not apply to a certified process server who was appointed by the court to serve process or who was appointed as a permanent process server by a court.
(i) Credentials. A sheriff of any county of this state shall at the time of certification provide credentials in the form of an identification card to each certified process server. The identification card shall be designed to clearly distinguish it from any form of credentials issued to certified peace officers and will not be in the shape or form of a law enforcement badge. A certified process server shall display his or her credentials at all times while engaged in the service of process.
(j) False representation. It shall be unlawful for any person who is not a certified process server to hold himself or herself out as being a certified process server. Any person who violates this subsection shall upon conviction be guilty of a misdemeanor.

Plain-English Summary

Sheriffs and marshals aren’t the only people who can hand a defendant a summons in Georgia; certified process servers fill that role too, and this section is where their certification comes from. A person who is at least 18 applies to a county sheriff, and absent good cause the sheriff certifies the applicant for three years, letting that server work in any county whose sheriff allows certified servers to operate there.

Certification isn’t automatic. The applicant has to clear a fingerprint-based criminal record check, complete a 12-hour training course approved by the Administrative Office of the Courts, pass a knowledge test, carry a surety bond or insurance policy to protect the public against misconduct, and be a U.S. citizen. Successful applicants take a written oath promising honest, lawful conduct and swearing off any case where they, or a relative by blood or marriage, have a financial or personal interest in the outcome.

The section also covers what keeps a certification alive and what can end it: renewal every three years with continuing education and an updated background check, revocation or suspension by a superior court judge for cause, application fees split between processing and a statewide registry the Georgia Sheriffs’ Association maintains, and a requirement to notify each county’s sheriff before serving process there for the first time. Off-duty deputy sheriffs are exempt from the certification process altogether, and anyone who falsely claims to be a certified process server, or falsely holds themselves out as a peace officer, faces criminal liability.

Frequently Asked Questions

Who can become a certified process server in Georgia?

Anyone at least 18 who applies to a county sheriff, passes a fingerprint-based criminal record check, completes a 12-hour approved training course, passes a knowledge test, carries a bond or insurance policy, and is a United States citizen.

How long does a Georgia process server certification last?

Three years, unless a superior court judge withdraws the certification sooner for good cause. Renewal requires continuing education and an updated criminal record check.

Does a certified process server have to notify the sheriff before working in a county?

Yes, generally. Before serving process in a county for the first time, a certified process server must file written notice with that county’s sheriff, and the notice is effective for one year.

Are off-duty deputy sheriffs required to get certified as process servers?

No. Subsection (f) exempts an off-duty deputy sheriff from certification when serving process with the approval of the sheriff who employs them.

What happens if someone falsely claims to be a certified process server in Georgia?

It's a misdemeanor under subsection (j), and a process server who falsely holds themselves out as a peace officer or public employee faces the penalties in Code Section 16-10-23.

Amendment History

Code 1981, § 9-11-4.1, enacted by Ga. L. 2010, p. 822, § 5/SB 491; Ga. L. 2015, p. 1065, § 1-1/SB 135; Ga. L. 2017, p. 774, § 9/HB 323.

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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