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§ 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

In one sentenceO.C.G.A. § 9-12-67 lets a dormant judgment be revived against a nonresident defendant using the same process available against a resident defendant, provided the defendant is served with scire facias by publication twice a month for two months before the return term, which counts as effective as personal service.

Full Text of § 9-12-67

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If the defendant in judgment or other party to be notified resides outside this state, a dormant judgment may be revived against such defendant or his representative by such process as is issued in cases in which the defendant resides in this state, provided that the defendant in judgment or other party to be notified shall be served with scire facias by publication in the newspaper in which the official advertisements of the county are published, twice a month for two months previous to the term of the court at which it is intended to revive the judgment, which service shall be as effectual in all cases as if the defendant or person to be notified had been personally served.

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.

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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