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Smith v. debis Fin. Servs. Inc.

Where a defendant has actual notice of suit, O.C.G.A. § 9-11-4 d 7 is liberally construed to effectuate service and establish personal jurisdiction.

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Douglas Smith, sued by debis Financial Services, Inc. debis over breach of an automobile lease, appeals from the trial court’s grant of debis’ Motion to Dismiss Appeal and for Sanctions and the denial of his Motion to Set Aside Judgment.1 Smith leased a Lexus in 1998 from Lexus of Englewood and the lease was assigned to debis. Following expiration of the lease in March 2002, Smith failed to either surrender or purchase the car as provided by the lease and he remains in possession of the car.

On April 17, 2002, counsel for debis notified Smith of the indebtedness by certified mail addressed to 1627 Esquire Place, Norcross Georgia, which was the same address contained in the lease. That same date, Smith signed the receipt for the letter. By letter of April 29, 2002, listing his return address as 1627 Esquire Place, Norcross, Georgia, Smith responded to debis’ counsel.

 
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