Latisha Thibodeaux
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Email
Plaintiff in pro per
IN THE SUPERIOR COURT OF XXX COUNTY
STATE OF XXX
XXX,
Plaintiff,
vs.
XXX,
Defendant
Case No.: XXX
DEFENDANT’S MOTION TO DISMISS
NOTICE OF DEFENDANT’S MOTION TO DISMISS
You are hereby notified that on the ____ day of _______________, XXX,XXX
will bring on for hearing her Motion to Dismiss Complaint. The motion will be based on this
Notice of Motion, the attached Motion to Dismiss as well as all documents and oral arguments
that may be presented during the hearing.
Dated this ____ day of September, XXX.
Respectfully Submitted,
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DEFENDANT’S MOTION TO DISMISS – 2
___________________________________
XXX,
Defendant in pro per
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DEFENDANT’S MOTION TO DISMISS – 3
XXX
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Email
Plaintiff in pro per
IN THE SUPERIOR COURT OF XXX COUNTY
STATE OF XXX
XXX,
Plaintiff,
vs.
XXX,
Defendant
Case No.: XXX
DEFENDANT’S MOTION TO DISMISS
MOTION TO DISMISS
NOW COMES XXX, Defendant, and files this Motion to Dismiss Complaint, and
hereby avers as follows:
1. Defendant would like this Court to dismiss Plaintiff’s Complaint for the lack of personal
jurisdiction and improper service of summons by Plaintiff.
2. “Our precedents establish that a defendant who files a motion to dismiss for lack of
personal jurisdiction has the burden of proving lack of jurisdiction. Easterling v.
Easterling, 231 Ga. 90 (200 SE 2d. 267) (2013); Smith v. Smith, 223 Ga. 551 (156 SE 2d.
916) (1967).
3. A motion to dismiss for lack of personal jurisdiction must be granted if there are
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DEFENDANT’S MOTION TO DISMISS – 4
insufficient facts to support a reasonable inference that defendant can be subjected to the
jurisdiction of the court. To demonstrate that the court lacks jurisdiction, defendant may
raise matters not contained in the pleadings.
4. “The trial court considering a motion to dismiss for lack of jurisdiction has discretion to
hear oral testimony or to decide the motion on the basis of affidavits and documentary
evidence alone pursuant to O.C.G.A. § 9-
11-43(b).” McPherson v. McPherson, 238 Ga. 271 (232 SE 2d. 552) (1977).
5. “When a defendant in a lawsuit challenges the sufficiency of service, he bears the burden
of showing improper service. The return can only be set aside upon evidence which is not
only clear and convincing, but the strongest of which the nature of the case will admit.”
Nucor Corp. v. Meyers, 211 Ga. App. 787, 788 (440 SE 2d. 531) (1994).
6. “Statutes providing for service of process must be construed with strictness as this is the
method by which the court obtains jurisdiction over a person sued in order to be able to
render judgment against that person.” Cawthon v. McCord, 83 Ga. App. 158, 63 SE 2.d.
287 (1951).
7. GA Code § 9-11-4(e) provides in relevant part as follows: “Except for cases in which the
defendant has waived service, the summons and complaint shall be served together. The
plaintiff shall furnish the clerk with such copies as are necessary. Service shall be made
by delivering a copy of the summons attached to a copy of the complaint as follows: (7)
In all other cases to the defendant personally, or by leaving copies thereof at the
defendant’s dwelling house or usual place of abode with some person of suitable age and
discretion then residing therein, or by delivering a copy of the summons and complaint to
an agent authorized by appointment or by law to receive service of process.”
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DEFENDANT’S MOTION TO DISMISS – 5
8. Plaintiff effected service of the summons and complaint improperly upon Defendant. The
complaint and summons were sent to [Insert Full Address]. However, Defendant did not
reside there at the time of service. Defendant’s address at the time of service was [Insert
Full Address].
9. The summons and complaint were not served upon Defendant personally. They were also
not left with someone known to Defendant at the address. No one is authorized by
Defendant or by law to receive pleadings served upon Defendant.
10. Plaintiff failed to complete service of the summons and complaint according to GA Code
§ 9-11-4 which must be strictly construed with strictness. Since service was not properly
effected upon Defendant by Plaintiff, this court does not have jurisdiction over
Defendant.
REASONS WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests this
Honorable Court to DISMISS Plaintiff’s Complaint with costs to Defendant, and GRANT
Defendant such further legal and equitable relief as this Court deems fair and proper under the
circumstances.
Dated this ____ day of September, XXX.
Respectfully Submitted,
___________________________________
XXX,
Defendant in pro per
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