When two or more joint contractors, joint and several contractors, or copartners are defendants in the same action and service is perfected on one or more of the contractors or copartners and the officer serving the writ or process returns that the rest are not to be found, the plaintiff may proceed to judgment and execution against the defendants served with process in the same manner as if they were the sole defendants. If any of the defendants die pending the action, his representative may be made a party and the case may proceed to judgment and execution as in other cases against the representatives of deceased persons.
§ 9-2-26.Prosecution of action against less than all joint contractors or copartners
Chapter 2. Actions Generally · Article 2. Parties · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-26 lets a plaintiff who has served only some of several joint contractors or copartners named as defendants proceed to judgment and execution against those served, once the officer returns that the rest cannot be found, and lets a deceased defendant’s representative be substituted so the case can proceed.
Full Text of § 9-2-26
Plain-English Summary
Joint defendants scatter. A creditor suing several partners or co-signers on a debt may manage to serve two of the five, while the process server can’t locate the rest. Without a rule like this one, the whole case could stall until every defendant turns up.
This section keeps the case moving. When two or more joint contractors, joint-and-several contractors, or copartners are named as defendants and the plaintiff serves some but not all of them, and the officer serving process reports back that the remaining defendants cannot be found, the plaintiff may proceed to judgment and execution against the defendants who were served, treating them as if they were the only defendants in the case.
It also handles a death mid-case. If one of the defendants dies while the action is pending, that defendant’s representative may be substituted as a party, and the case proceeds to judgment and execution the way any other case against the representative of a deceased person would.
Frequently Asked Questions
Can I get judgment against some joint defendants if I can’t find the others to serve them?
Yes, if the officer serving process returns that the unserved defendants cannot be found, you may proceed to judgment and execution against the defendants who were served, as if they were the sole defendants.
Does this section apply to business partners sued together?
Yes. It covers joint contractors, joint and several contractors, and copartners named as defendants in the same action.
What happens if a codefendant dies while the case is pending?
The deceased defendant’s representative may be made a party, and the case proceeds to judgment and execution as in other cases against representatives of deceased persons.
Who has to report that the unserved defendants cannot be found?
The officer serving the writ or process — the section relies on that officer’s return stating that the rest of the defendants were not found.
Do the served defendants get treated differently because other defendants weren’t served?
No. The section allows the case to proceed against the served defendants in the same manner as if they were the sole defendants.
Amendment History
Laws 1820, Cobb’s 1851 Digest, p. 485.; Code 1863, § 3263; Code 1868, § 3274; Code 1873, § 3350; Code 1882, § 3350; Civil Code 1895, § 5009; Civil Code 1910, § 5591; Code 1933, § 3-301.
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
Also known as: Georgia joint contractors lawsuit partial servicejudgment against some defendants not all Georgiacopartners lawsuit Georgia service of processGeorgia Code Section 9-2-26defendant dies pending action Georgia substitution