Certified Mail Equivalent to Registered Mail; Sufficient Compliance for Notice by Statutory Overnight Delivery

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Civil Practice and Procedure Generally
  5. General Provisions
  6. Certified Mail Equivalent to Registered Mail; Sufficient Compliance for Notice by Statutory Overnight Delivery

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  1. Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice shall be given by "registered mail," the notice may be given by "certified mail."
  2. Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice may be given by "statutory overnight delivery," it shall be sufficient compliance if:
    1. Such notice is delivered through the United States Postal Service or through a commercial firm which is regularly engaged in the business of document delivery or document and package delivery;
    2. The terms of the sender's engagement of the services of the United States Postal Service or commercial firm call for the document to be delivered not later than the next business day following the day on which it is received for delivery by the United States Postal Service or the commercial firm; and
    3. The sender receives from the United States Postal Service or the commercial firm a receipt acknowledging receipt of the document which receipt is signed by the addressee or an agent of the addressee.

(Ga. L. 1967, p. 560, § 1; Ga. L. 2000, p. 1589, § 2.)

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS

Default entered in error against foreign corporation.

- Judgment denying the defendant's motion to set aside the default judgment against the defendant was reversed because there was no evidence that the defendant, a foreign corporation, failed to answer or otherwise respond within 45 days after service of the summons and complaint was perfected upon the defendant via a commercial mailing service; thus, the case never went into default and the trial court was not authorized to enter a default judgment. Turfstore.Com, Inc. v. Hall, 348 Ga. App. 398, 823 S.E.2d 81 (2019).

RESEARCH REFERENCES

Am. Jur. 2d.

- 62 Am. Jur. 2d, Post Office, § 29.

C.J.S.

- 72 C.J.S., Postal Service and Offenses Against Postal Laws, § 8.


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