GMAC Mortgage Corp. v. Bongiorno

O.C.G.A. § 9-11-4 provides for service of process upon the president, other officer, secretary, cashier, managing agent or other agent of a foreign corporation.

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The issue in this wrongful foreclosure case is whether the trial court erred in ruling that jurisdiction over GMAC Mortgage Corporation was obtained by serving the complaint on its office manager at a branch office in Chatham County rather than serving its registered agent. We find no error and affirm the trial court’s order entering final judgment. The record shows that on December 16, 2004, a Chatham County deputy sheriff served Daniel Carr, GMAC’s local branch manager, with a copy of the complaint. GMAC did not file an answer, and the trial court scheduled a damages hearing for April 6, 2005. On April 5, 2005, GMAC moved to open the default, contending that the branch manager had refused service of process on December 16, 2004 and that its registered agent was the proper entity for service of process. The following day, the trial court held a hearing on GMAC’s motion to open default. After argument on the motion to open default, the parties agreed to proceed with a bench trial on damages in the event the trial court denied GMAC’s motion to open default. On June 7, 2005, the trial court issued its final judgment awarding damages to James Bongiorno, specifically finding that GMAC’s local branch manager was authorized to accept service on behalf of GMAC and was personally served on December 16, 2004. GMAC appeals, alleging the trial court erred in determining that GMAC’s local branch manager was authorized to accept service under OCGA § § 9-11-4 and 14-2-1510. We find no error and affirm the trial court’s order denying GMAC’s motion to open default.

Bongiorno argues that GMAC’s argument regarding service of process is foreclosed because GMAC did not appeal the trial court’s denial of the motion to open default and because GMAC failed to comply with at least two of the requirements necessary to open default.1 We need not address these issues because the trial court correctly denied GMAC’s motion to open default on the ground that service on GMAC’s local branch manager was valid under Georgia law.

GMAC Mortgage Corp. v. Bongiorno

O.C.G.A. § 9-11-4 provides for service of process upon the president, other officer, secretary, cashier, managing agent or other agent of a foreign corporation.

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