When Does a Court Have Authority Over Me? 

In short, the court has authority over anyone who commits a crime or civil wrong within the states physical boundaries. 

In this article, we focus on civil lawsuits.

The idea of authority oversomeone means the samething as “having jurisdiction” over someone. 

There two types of jurisdiction required: Personal and Subject Matter. 

Subject matter jurisdiction means that the law grants the court the authority to address certain types of cases. Generally, any action by a personal or business that violates state law is within the court’ s subject matter jurisdiction. 

Personal jurisdiction means the court has to give the person or business who broke state law notice of a lawsuit against them

You give a person notice through a process called “Service of Process”. 

This is just a fancy way of saying that you deliver to them the Complaint filed against them in court, along with a Summons (a document from the court ordering the law breaker to come to the court.)

Why Personal Jurisdiction important? 

While it might sound like a technicality, it’s a fundamental step in any civil litigation. Without establishing personal jurisdiction, a court cannot legally require a person or business to appear or respond to the lawsuit.

What Is Service of Process?

Service of Process refers to the formal delivery of legal documents—usually a complaint and summons—to a defendant in a civil case.

This is the method by which a party is officially notified that a lawsuit has been filed against them.

The base rules is that you must serve process on someone when they are physically in the state. 

It is a constitutional requirement under the Due Process Clause of the U.S. Constitution, which ensures that individuals are given proper notice and an opportunity to respond before a court takes any action that affects their rights.

Proper service is essential. If the defendant is not properly served, the court has no personal jurisdiction, and any judgment or ruling entered could be declared invalid.

Why Personal Jurisdiction Matters

As stated above, for a court to issue a legally binding decision, it must have both subject matter jurisdiction (authority over the type of case) and personal jurisdiction (authority over the parties involved). Service of Process is what establishes personal jurisdiction over the defendant.

But what happens if the person or business being sued doesn’t live or operate in Georgia?

What if Someone breaks Georgia Law and then leaves the state?

If the defendant resides outside of Georgia, the court must rely on Georgia’s long-arm statute to establish personal jurisdiction.

This statute allows Georgia courts to reach out and assert authority over nonresidents—so long as certain legal standards are met.

One key requirement is that the defendant must have minimum contacts with the state of Georgia. This standard comes from U.S. Supreme Court precedent and ensures fairness by requiring a real connection between the defendant and the state.

What Are Minimum Contacts?

The term minimum contacts means that the defendant must have engaged in some type of activity that connects them to the state in a meaningful way. Here’s what that can look like:

For Individuals:

• Owning property in Georgia

• Causing an accident in Georgia, such as a car crash

• Entering into a contract to be performed in Georgia

• Committing a tort (wrongful act) in Georgia

For Businesses:

• Shipping products into Georgia on a regular basis

• Advertising or marketing directly to Georgia residents

• Having employees, contractors, or representatives conduct business in Georgia

• Entering into partnerships or agreements with Georgia companies

These activities may allow a Georgia court to assert personal jurisdiction, even over an out-of-state defendant.

Consequences of Improper Service

If Service of Process is not handled correctly, it can seriously damage the case. The defendant may ask the court to dismiss the case based on lack of jurisdiction. Even if a judgment is entered, it could later be invalidated. That’s why plaintiffs must ensure service is executed properly and in compliance with Georgia law.

Final Thoughts

Service of Process is more than a procedural step—it’s a constitutional safeguard that ensures fairness and due process. It gives the court personal jurisdiction over the defendant and allows the lawsuit to proceed. When the defendant is out of state, Georgia’s long-arm statute and the minimum contacts test determine whether jurisdiction is appropriate.

Whether you’re filing a lawsuit or responding to one, understanding how Service of Process works is critical to protecting your rights and ensuring your case is handled properly from the start.