§ 9-12-67.Revival of judgment against nonresident; service by publication
Chapter 12. Verdict and Judgment · Article 3. Dormancy and Revival of Judgments · Last amended 1984 · Last verified July 17, 2026
Full Text of § 9-12-67
Plain-English Summary
Reviving a judgment against someone who has left the state, or never lived here, raises an obvious problem: how do you serve a person who cannot be found within Georgia’s borders? This section answers that by opening the same revival process used for resident defendants to nonresidents too, on the condition that service happens by publication instead of personal delivery.
The publication schedule is specific: the notice must run in the newspaper that carries the county’s official advertisements, twice a month, for two months before the term of court at which the creditor intends to revive the judgment. That works out to four publications spread across roughly eight weeks of advance notice, giving the absent defendant, at least in theory, a real chance to see the notice and respond before the revival goes forward.
The section then makes the legal payoff explicit: publication done this way counts as effectual in all cases as personal service. A creditor does not need to track down a nonresident defendant’s actual location to complete valid service — following the publication schedule accomplishes the same legal result as if the defendant had been served in person.
This section also reaches a defendant’s representative, not only the defendant personally, so revival proceedings can move forward against an estate or other successor interest through the same publication method when the party to be notified is outside Georgia.
Frequently Asked Questions
Can a dormant judgment be revived against someone who lives outside Georgia?
Yes. This section allows revival against a nonresident defendant using the same process as against a resident, so long as the defendant is served by publication as the section requires.
How often must the publication notice run, and for how long?
Twice a month for two months before the term of court at which the creditor intends to revive the judgment.
Where must the publication notice be printed?
In the newspaper in which the official advertisements of the county are published.
Does publication service count as effective as personal service under this section?
Yes. The statute states that service by publication done as prescribed is as effectual in all cases as if the defendant or person to be notified had been personally served.
Does this section apply only to the defendant personally, or also to a representative?
It reaches both — revival may proceed against the nonresident defendant in judgment or against his representative, using the same publication process.
Amendment History
Laws 1850, Cobb’s 1851 Digest, p. 502.; Code 1863, § 3526; Code 1868, § 3549; Code 1873, § 3608; Code 1882, § 3608; Civil Code 1895, § 5382; Civil Code 1910, § 5977; Code 1933, § 110-1007; Ga. L. 1982, p. 3, § 9; Ga. L. 1984, p. 22, § 9.