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MAXIMIZE PI RECOVERIES FOR FAILURE TO ACKNOWLEDGE SERVICE

Download Our Template Motion For
Fees & Costs Today

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Get Paid for Serving Stubborn Defendants

Every personal injury attorney knows the frustration. You send out a perfectly good waiver of service request by certified mail or statutory overnight delivery. The defendant receives it - you have proof. Then, they ignore it completely. Now you're having to spend valuable time and money on civil process service.

Here's the good news: You can make them pay for this behavior. Georgia law requires defendants to pay service of process costs and attorney fees when they ignore proper service requests. Even better
news - we've created a free, proven sample motion for attorney fees to help you recover these expenses.

Most PI Attorneys Miss This Opportunity

Many lawyers don't realize that O.C.G.A. § 9-11-4 gives us powerful tools to recover service-related expenses. The law is clear: when defendants ignore proper waiver of service summons, they must pay unless they can show "good cause," - which rarely happens.

In our experience handling car accident cases across Georgia, defendants rarely have a valid reason for ignoring an acknowledgment of service requests. This means you can recover all your process server costs plus attorney fees.

What You Can Actually Recover

process server knocking on door

Let's talk real numbers. In a typical car accident case, you might spend $50 on sheriff service attempts, $150 for a skip trace, and $350+ for a private process server (per attempt). That's $550+ in hard costs before you factor in attorney time.

Add in the time spent coordinating service attempts and preparing motions – at least 8 hours at your hourly rate. Not you're looking at potential recoveries of $4,000 or more.

How It All Works

The process is straightforward. Start by mailing your waiver request via certified mail. Include a copy of the complaint and two copies of the waiver form. You need proof that the Defendant actually received your letter. Then, give them 30 days to respond.

When they ignore your request, proceed with traditional service methods. Document everything - certified mail receipts, service attempts, and related expenses. Keep detailed time records of all service-related work.

Once you achieve service, file your motion for fees and costs. And this is where our template comes in. This whole process sends a strong message to defense attorneys and insurance companies. It shows you know the law and won't let defendants play games with your cases.

Take Action Now

We've prepared a downloadable template motion to dismiss less than all parties. This serves as a basemotion to drop party defendant sample for Georgia cases. You can customize this template for your specific case to help you efficiently and effectively drop a single defendant.

Input the relevant party names, case information, and factual basis for dismissal. By doing so, you'll create a ready-to-file sample motion to dismiss Georgia specific. By doing so, you'll create a ready-to-file motion.

Save time and avoid procedural missteps when dismissing a single party defendant from your case. Use this template and follow the proper procedure under OCGA 9-11-21. You'll achieve a cleaner, more streamlined case focused on resolving claims against the proper remaining defendants.  Download our sample motion to dismiss less than all parties today and simplify your multi-party lawsuit!

Preview:

IN THE STATE COURT OF HALL COUNTY

STATE OF GEORGIA

JOHN BROWN,

PLAINTIFF,

v.

ROBERT SMITH,

DEFENDANT.

CIVIL ACTION

FILE NO.:


PLAINTIFF’S MOTION FOR AWARD OF SERVICE EXPENSES AND ATTORNEYS’ FEES

COMES NOW, Plaintiff in the above-styled civil action and moves this court for entry of an order awarding attorneys’ fees and expenses of effectuating service pursuant to O.C.G.A. § 9-11-4, based on Defendant’s conduct and/or lack thereof, and in support shows the court as follows:

Statement of Facts

  1. The essential facts of this case are not in dispute.
  2. This case arises from a motor vehicle collision that occurred June 5, 2021.
  3. On July 13, 2022, and within the applicable statutory period, Plaintiff filed suit against Defendant in the above-styled Court for causing the above-listed collision, which caused bodily injury to Plaintiff.
  4. On July 14, 2022, Plaintiff mailed Defendant a “NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS & OFFER TO EXTEND TIME TO FILE ANSWER TO SIXTY (60) DAYS FROM THE DATE THIS WAIVER IS SENT” in accordance with O.C.G.A. §9-11-4. Said notice was mailed via certified U.S. mail with tracking number 7020 0640 0000 5358 8390 and Regular USPS First Class Mail. See Exhibit A.
  5. On July 28, 2022, said notice was delivered to Defendant at their address of 3150 Saint Andrews Drive, Gainesville, GA 30501. See Exhibit B.
  6. Defendant failed to submit the requested acknowledgment of service within (30) thirty days, pursuant to O.C.G.A. §9-11-4(d)(3)(F).
  7. On September 29, 2022, Plaintiff requested the county sheriff to serve the summons and complaint on the Defendant at a cost of $50.00. The sheriff’s office was unable to...


Looking For More Resources Like Our Motion For Fees and Expenses?

Elevate your law firm with our library of free resources, including our template motion for fees and costs under OCGA 9-11-4. At Georgia Trial Attorneys, we believe in empowering our legal community through knowledge sharing. Our resource library is designed to help you navigate the complexities of civil personal injury litigation and maximize your clients’ recoveries.

Whether you're dealing with auto accidents, truck accidents, motorcycle accidents, or any other crash,
we’ve got you covered. Our goal is to provide practical tools to streamline your cases, settlement, and verdicts.

connect with our Experienced Atlanta Personal Injury Lawyers

Are you facing a particularly challenging service situation? Do you need guidance on other aspects of your litigation strategy and timeline? Our team of seasoned personal injury attorneys is here to assist. We have a wealth of experience in handling drunk driving accidents, hit-and-run accidents, pedestrian accidents, and more.

Take the first step forward – schedule a free strategy session with our expert litigators today! Let’s work together to make a difference in the lives of those we serve and strengthen the legal community as a whole.