This is an appeal from a judgment entered on a sales agreement and promissory note. The trial court denied defendant/appellant Linh C. Dinh’s motion to dismiss for insufficiency of service of process and lack of jurisdiction of the person and granted summary judgment in favor of plaintiff/ appellee Jennifer A. Crosby. In his sole enumeration of error, Dinh alleges that the trial court erred in ruling that he was properly served. Finding no error, we affirm. Dinh and Crosby were co-owners of an Augusta business known as Augusta Reservations, Inc. “Augusta Reservations”. Dinh and Crosby entered into an agreement whereby Crosby agreed to sell her shares of Augusta Reservations to Dinh. In return, Dinh agreed to pay Crosby $10,000 at closing; $10,000 from the first release of funds held in escrow by Cardservices International or Electronic Transfer; and an amount equal to 15 monthly payments made by Monterey Financial Services to Augusta Reservations Services, Inc. or 15 payments of $6,000, whichever sum was greater. Dinh executed a promissory note for the fifteen monthly payments. Dinh payed the initial $10,000 due at closing and the first two payments due under the promissory note. When no further payments were made, Crosby brought suit to recover the balance due under the sales agreement and promissory note, plus an additional 15 percent of the principal sum due under the promissory note as attorney fees as provided for under the terms of the promissory note.
Service was initially attempted on Dinh at 3523 Walton Way, Augusta. On November 15, 2001, the Sheriff made a non est return of service, stating that Dinh’s new address was 4210 Columbia Road, Suite 12-A, Martinez, Ga. Service was then attempted on Dinh at Augusta Reservations System, Inc. at 4210 Columbia Road, Suite 12-A, Martinez. On December 12, 2001, the Sheriff made a notorious return of service, stating that he had served Doris Stover, the company secretary and corporate officer. On January 10, 2002, Dinh answered and asserted the defense that service was not proper because the complaint was neither served upon him personally or at his dwelling place or usual place of abode. In his answer, Dinh stated that he no longer lived in Richmond County and, prior to the filing of the suit, had moved to 205 Second Avenue, Apartment 6-F, Belmar, New Jersey, 07719.
