Legal Question in Civil Litigation in Georgia

The plaintiff attempted to have the defendant, Gregg, who was a university student, served with process at his fraternity house. When he could not be located, the trial court authorized service on any member of the fraternity. No attempt was made to locate the defendant at his dwelling. The defendant failed to appear in court, and judgment was entered for the plaintiff. Which of the following statements is true?

A)

The defendant is entitled to notice of the proceedings against him because of substantive due process.

B)

If service of the summons was defective because it was not reasonably calculated to notify the defendant of the action, then the court did not have personal jurisdiction over the defendant, and the judgment is invalid.

C)

As long as the trial court authorized the substituted service of process the judgment is valid under the Due Process Clause.

D)

The fact that no attempt at all was made to serve the defendant at his residence is unimportant since constructive service of this kind cannot be challenged on appeal.

E)

None of the above


Asked on 11/17/13, 4:30 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your professor, who can search for your posts on the internet (where you put this), will undoubtedly not be pleased that you are asking others to do your assignment for you.

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Answered on 11/17/13, 4:34 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Expulsion for cheating is in your future, so don't count on that legal career.

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Answered on 11/17/13, 4:39 pm


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