Georgia jurisdiction over nonresident trucking defendants

What the cited provisions say

O.C.G.A. 9-10-91(1) identifies transacting business within Georgia as a jurisdictional ground, subject to the section's requirement that the cause of action arise from the enumerated conduct. O.C.G.A. 9-10-91(2) identifies a tortious act or omission within Georgia, but excludes a defamation-of-character cause of action arising from that act. O.C.G.A. 9-10-91(3) identifies a tortious injury in Georgia caused by an act or omission outside Georgia as a jurisdictional ground for a claim arising from that injury if the tortfeasor regularly does or solicits business, engages in another persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in Georgia.^{[1][2][3][4][5][6]}

O.C.G.A. 9-10-91(4) also identifies ownership, use, or possession of Georgia real property, with the introductory claim-connection requirement still applicable. For cases under Article 4 concerning personal jurisdiction over nonresidents, O.C.G.A. 9-10-93 places venue in any county where a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located. O.C.G.A. 9-10-91 extends its jurisdictional language to a nonresident's executor or administrator.^{[1][2][3][4][5][6]}

Who and what the provisions cover

O.C.G.A. 9-10-90 includes an individual, partnership, association, or other noncorporate legal or commercial entity not residing, domiciled, organized, or existing in Georgia when a claim under O.C.G.A. 9-10-91 arises. For corporations, O.C.G.A. 9-10-90 requires both that the corporation is not organized or existing under Georgia law and that it is not authorized to do or transact business in Georgia when the claim arises.^{[1][2][3][4][5][6]}

O.C.G.A. 9-10-90 also includes individuals and the specified noncorporate entities that had the listed Georgia connections when the claim arose but have the corresponding connections outside Georgia when service under O.C.G.A. 9-10-94 is perfected. O.C.G.A. 9-10-94 permits an out-of-state summons for a person subject to jurisdiction under O.C.G.A. 9-10-91, or that person's executor or administrator, in the same manner as in-state service. O.C.G.A. 9-10-94 permits service by someone authorized under the service location's laws or a duly qualified attorney, solicitor, barrister, or equivalent there.^{[1][2][3][4][5][6]}

Conditions and exceptions

O.C.G.A. 9-10-93 permits joinder where a resident defendant is suable only when the nonresident is involved in the same transaction or occurrence and is suable under the article. Under O.C.G.A. 9-10-93, a trial verdict or judgment favoring the resident does not defeat jurisdiction or venue over that nonresident; dismissal of the resident before trial instead requires transfer to a county with proper venue, without abatement.^{[1][2][3][4][5][6]}

For divorce, separate maintenance, annulment, other domestic-relations proceedings, or an independent action for support of dependents, O.C.G.A. 9-10-91(5), subject to the section's introductory requirements, applies when the defendant maintains a matrimonial domicile in Georgia at commencement or resided in Georgia before commencement, whether cohabiting during that time or not; it does not change divorce filing residency requirements. O.C.G.A. 9-10-91(6) applies when the defendant has been subject to a Georgia court's exercise of jurisdiction resulting in an order of alimony, child custody, child support, equitable apportionment of debt, or equitable division of property, and the action seeks modification while the moving party resides in Georgia or enforcement regardless of the moving party's domicile. The saved amendment notes for O.C.G.A. 9-10-91 identify effective dates of July 1, 2010, and July 1, 2011; they describe historical changes rather than establish a separate trucking rule.^{[1][2][3][4][5][6]}

Related provisions in the saved sources

Under O.C.G.A. 40-12-1(a), a nonresident person's, firm's, or corporation's acceptance of motor vehicle operating privileges, evidenced by operation in Georgia, constitutes appointment of Georgia's Secretary of State or successor for service in proceedings against that nonresident growing out of an accident or collision involving the nonresident by reason of vehicle operation in Georgia by, for, or under the nonresident's express or implied control or direction. For proceedings against a nonresident minor or the minor's parents or guardians growing out of an accident or collision involving the minor by reason of motor vehicle operation in Georgia by, for, or under the minor's express or implied control or direction, O.C.G.A. 40-12-1(b) deems the minor and parents or guardians to have assented to the Secretary of State's appointment for service and authorizes the court where the action was filed, upon a duly made motion, to appoint a guardian ad litem for the minor to defend that suit.^{[1][2][3][4][5][6]}

For service upon a nonresident pursuant to O.C.G.A. 40-12-1, O.C.G.A. 40-12-2 requires serving a copy of the complaint or other pleading with summons attached, together with a copy of the affidavit to be submitted to the court, on the Secretary of State, the Secretary's duly authorized agent, or successor. For service pursuant to O.C.G.A. 40-12-1, O.C.G.A. 40-12-2 conditions sufficiency on the plaintiff forthwith sending notice of service and copies of the complaint and process to the defendant by registered or certified mail or statutory overnight delivery if the defendant's address is known, and on appending the defendant's return receipt and the plaintiff's compliance affidavit to the summons or other process and filing them with the summons, complaint, and other case papers in the court where the action is pending.^{[1][2][3][4][5][6]}

Source date and limits

The saved-source date is 2026-11-06. This statute-only account uses the supplied public-access code text and accompanying saved notes from the Georgia General Assembly edition published by LexisNexis. That date records the source snapshot; it does not represent verification of the law today. Judicial interpretation is outside this entry, including how courts apply the language of O.C.G.A. 9-10-91 to particular trucking operations, business contacts, or alleged injuries.^{[1][2][3][4][5][6]}

O.C.G.A. 40-12-2 directs collection of a service fee set out in O.C.G.A. 45-13-26, but the latter provision was not supplied, so no fee amount is stated. The summaries of O.C.G.A. 9-10-91, O.C.G.A. 9-10-93, and O.C.G.A. 9-10-94 address their saved jurisdiction, venue, and service language without supplying conclusions about fault, insurance coverage, damages, or an individual dispute. This material provides general reference information about the cited statutes and is not legal advice or an assessment of a particular trucking defendant.^{[1][2][3][4][5][6]}

See also

On related publications

• Georgia truck accident statistics (2020-2024) (truckaccidentlawyers.wiki)
• https://truckaccidentlawyer.wiki/topics/georgia-truck-crash-law/ (truckaccidentlawyer.wiki)
• https://caraccidentlawyers.wiki/reference/georgia-fault/ (caraccidentlawyers.wiki)