Do you need to serve process on someone who is incarcerated in Georgia? It’s actually not too uncommon, but it does require a slightly different approach than a typical service. It’s important for process servers to understand how to effectively serve incarcerated persons in Georgia to prevent unnecessary delays in the legal process. In this post, we’ll explain the process of serving someone in jail in Georgia
Step 1: Identify the Location of the Incarcerated Individual
Luckily, finding the location of an incarcerated person in Georgia is fairly simple. For inmates in the Georgia correctional system, use the Georgia Department of Corrections Inmate Locator. For federal inmates, use the Federal Bureau of Prisons Inmate Locator. Once you locate the inmate’s record, note their prisoner ID #, name of the facility where they are located, facility address and phone, and any other contact information.
Step 2: Understand the Rules of the Specific Facility
Now that you know where the inmate is located, it’s time to do a little research. Each correctional facility may have its own rules regarding how process service is carried out. These rules are in place to maintain security and order within the facility. Using the contact information you found in step 1 above, contact the facility and ask about their specific regulations for accepting process (legal documents) for inmates. They should be able to give you all the information you need about how to serve process within their facility. Note that it can take some time to reach the correct person, and federal facilities have a reputation for handling these issues a bit quicker than state facilities.
Step 3: Request a Visit with the Inmate
You will most likely need to request a visit with the inmate who is named in the process you are serving. Facility personnel will inform you on how to get cleared by the facility to visit inmates, and how to request a visit with a specific inmate. Note that inmates have the right to refuse visits – if this happens, see Step 4a.
Step 4: Effectuate Service
Once you’ve gone through the background clearance process and have requested a visit with the correct inmate, it’s time to get that process served. Meet with the inmate and go through the service process in the same way as you would any other person. Have the inmate sign that they received the process if possible. You may have to pass the process documents through the facility guards before the inmate can access them.
Step 4a: Alternative Service
If the inmate refuses to meet with you, or if they refuse to acknowledge or accept the process during your visit, you will need to request an alternative service from the court where the case originates. Service by substitution will mostly likely be the most reasonable option for serving an inmate. If granted, this means you will be able to serve the process to another responsible adult who can pass it along to the inmate.
Step 5: Document the Service
Once the service is completed, it is important to obtain proof of service. This documentation is typically an affidavit signed by the person who served the documents, attesting that the legal documents were delivered to the inmate. This proof of service must be filed with the court to verify that the service was executed according to legal standards.
Step 6: Follow Up
After the process has been served, take the completed proof of service form and file a copy with the court where the case originated. Keep a copy for your records and provide a copy to your client (usually the case petitioner or plaintiff). At Accurate Serve, we update case status immediately in our client case status tracker, so our clients always have the latest information at their fingertips.
Trust Accurate Serve of Atlanta for Effective Service, No Matter Where
Serving process on an inmate in Georgia requires a familiarity with the process, willingness to do some research, and a little bit of people skills. At Accurate Serve of Atlanta, we know the ins and outs of getting process served within both the state and federal correctional systems, keeping the case on schedule. If you need to serve process on an inmate anywhere in the state of Georgia, follow the steps above to get it done quickly and effectively. For more information on our services, contact Accurate Serve of Atlanta at 404-924-4838 or email [email protected].
