---
title: O.C.G.A. § 40-12-5. Certificate of service to be sent to clerk of court; time for answering complaint.
collection: code
id: 40-12-5
cite_as: O.C.G.A. § 40-12-5 (2025)
canonical_url: https://georgiacommons.org/code/40-12-5
md_url: https://georgiacommons.org/code/40-12-5.md
text_url: https://georgiacommons.org/code/40-12-5/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch6-16-(v29)-2018-pdf.pdf?sfvrsn=97c394d6_0#page=619
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/40-12.md
previous: https://georgiacommons.org/code/40-12-4.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / ACTIONS AGAINST NONRESIDENT MOTORISTS
---

# O.C.G.A. § 40-12-5. Certificate of service to be sent to clerk of court; time for answering complaint.

The Secretary of State or his successor in office, within three days from the date of the service upon him of the summons or process provided for in this chapter, shall certify to the court in which the action is pending that the summons or process has been filed in his office as provided for in this chapter. Upon receipt of such certification by the clerk of the court in which the action is pending, the complaint shall be answered within 30 days after service of the summons and complaint upon him, unless the time for the appearance of the defendant shall be extended by an order of the court in order to allow the defendant ample opportunity to be heard.

## History

Ga. L. 1937, p. 732, § 6.