When consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the sale of burial lots, burial rights, burial services, or burial merchandise in violation of this chapter may be commenced in any court of competent jurisdiction with proper venue within this state by the service of process or pleadings upon the Secretary of State against the person executing such consent. Notwithstanding any provision in any other law to the contrary, service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by certified mail or statutory overnight delivery to the person against whom such process or pleadings are directed at such person’s latest address on file in the office of the Secretary of State.
History. Code 1981, § 44-3-148, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Code 1981, § 10-14-24 , as redesignated by Ga. L. 2000, p. 882, § 1; Ga. L. 2000, p. 1589, § 3.
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.
Structure Georgia Code
Chapter 14 - Cemetery and Funeral Services
§ 10-14-2. Regulation of Preneed Dealers, Registrants, and Cemetery Companies; Licenses
§ 10-14-3.1. Authority of Boards
§ 10-14-5. Preneed Sales Agents; Contracts; Retention of Employee Data
§ 10-14-5.1. Relationship Between Life Insurance and Funeral Establishment
§ 10-14-6. Irrevocable Trust Fund
§ 10-14-7. Preneed Escrow Accounts or Trust Funds
§ 10-14-7.1. Trust Accounts for Preneed Funds
§ 10-14-8. Prohibition of Certain Persons From Employment; Notice and Hearing; Emergency Orders
§ 10-14-9. Amendment of Registration Application; State Audit of Records; Change of Ownership
§ 10-14-10. Minimum Acreage for Cemeteries; Exceptions
§ 10-14-13. Venue for Civil or Criminal Actions
§ 10-14-14. Administration of Chapter; Rules and Regulations
§ 10-14-15. Investigations by Secretary of State; Subpoenas; Hearings
§ 10-14-16. Cemetery Rules and Regulations; Service Charges
§ 10-14-17. Prohibited Acts; Fees
§ 10-14-18. Duties of Registrant; Written Contract
§ 10-14-19. Enforcement of Chapter; Civil Penalties
§ 10-14-20. Criminal Penalties
§ 10-14-21. Purchaser’s Remedy for Violations
§ 10-14-22. [Effective Until July 1, 2023. See note.] Judicial Appeal of Order of Secretary of State
§ 10-14-22. [Effective July 1, 2023. See note.] Judicial Appeal of Order of Secretary of State
§ 10-14-23. Administrative Appeal of Order of Secretary of State
§ 10-14-24. Effect of Consent to Service of Process
§ 10-14-25. Waiver of Rights or Defenses in Cemetery Purchase Agreements Void
§ 10-14-26. Secretary of State Immune From Liability
§ 10-14-28. Actions Pending Under Prior Law
§ 10-14-29. Construction Regulations; Preconstruction Trust Funds
§ 10-14-30. Adoption of Minimum Standards by Secretary of State