Georgia Affidavit of Diligent Search: Serving Legal Papers When a Defendant Cannot Be Found (O.C.G.A. § 9-11-4)

When you file a lawsuit or petition in Georgia — whether it's for divorce, child custody, debt collection, or another civil matter — you are required to serve the other party (the defendant or respondent) with a copy of the legal papers. But what happens when you don't know where they live, or they've intentionally made themselves difficult to find?

That's where the Georgia Affidavit of Diligent Search comes in. This sworn statement, filed under O.C.G.A. § 9-11-4(f)(1)(A), allows you to request permission from the court to serve the other party by publication — publishing a notice in a local newspaper — instead of handing them papers in person.

What Is an Affidavit of Diligent Search?

An Affidavit of Diligent Search is a legal document in which the plaintiff (or their attorney) swears under oath that they have made a reasonable and diligent effort to locate the defendant, but have been unable to find them. The affidavit lists the specific steps taken to locate the missing party.

It is filed with an accompanying Application for Service by Publication and a proposed Order for Service by Publication. If the judge is satisfied that the search was genuinely diligent, they will sign the order allowing the plaintiff to serve the defendant by publishing a notice in the county's legal organ newspaper for four consecutive weeks.

What Must the Affidavit Include?

Under Georgia law, a diligent search typically includes at least the following efforts:

• Contacting known relatives and friends of the defendant
• Checking the last known address and speaking with neighbors or landlords
• Searching phone directories and online people-search databases
• Reviewing public records such as property tax records, voter registration, and driver's license records
• Contacting the employer (if known)
• Searching social media platforms for current contact information
• Checking with the Georgia Department of Corrections (if incarceration is possible)
• Querying the U.S. Postal Service for address changes

The court expects at least five to eight of these steps to be documented in the affidavit before granting service by publication.

Why Does Georgia Require Notarization?

The Affidavit of Diligent Search is a sworn statement made under penalty of perjury. Because the court relies on this affidavit to decide whether to authorize service by publication — a significant alternative to personal service — the law requires the affiant to appear before a notary public and swear or affirm that the information in the affidavit is true and complete.

The notary public verifies the signer's identity, witnesses the signature, and administers the oath. This notarization ensures the court can hold the affiant accountable for making false statements, which would constitute perjury under Georgia law (O.C.G.A. § 16-10-70).

The standard form reads: "I hereby swear or affirm, before a notary public, that the following information is true." — a clear indication that notarization is an essential part of the process.

Where Can I Get the Form?

The Georgia Affidavit of Diligent Search form is available from your local superior or magistrate court. Gwinnett County residents can obtain the form from:

• Gwinnett County Superior Court Clerk's Office — 75 Langley Drive, Lawrenceville, GA 30046
• Gwinnett County Family Law Clinic — Pro se packets available at the courthouse or online
• DeKalb County Superior Court provides a sample form for reference
• Fulton County Superior Court — Service by Publication Packet (PDF)

Many Georgia superior court websites offer free downloadable forms for pro se (self-represented) litigants. Check with your county's superior court clerk for the specific forms required.

Important Considerations

• The court will not grant service by publication if your search efforts appear insufficient or half-hearted. Be thorough and document every step.
• Service by publication is considered a last resort. Courts prefer actual personal service whenever possible.
• If you later learn the defendant's actual address, you should attempt personal service.
• Consult with an attorney for complex cases, but for many straightforward matters, the Affidavit of Diligent Search and service by publication process can be handled pro se with court-provided forms.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.