Stone Exchange v. Surface Technology Corp. of Ga

In Stone Exchange v. Surface Technology Corp. of Ga., 269 Ga. App. 770 (605 SE2d 404) (2004), the plaintiff sued the defendant for breach of an asset agreement. Even though the plaintiff knew the defendant's current correct business address, it attempted unsuccessfully to serve the defendant through its registered agent at an old address listed for the agent at the Secretary of State's office. Id. at 771. The plaintiff then obtained substituted service through the Secretary of State's office pursuant to OCGA 9-11-4 (e) (1). Subsequently, the trial court entered a default judgment against the defendant and denied its motion to set aside the judgment. The Court reversed, ruling that "pursuant to OCGA 9-11-4, substituted service upon the Secretary of State is proper only after a plaintiff has attempted to serve the persons listed in the statute and 'for any reason' that attempt is unsuccessful." Id. at 772. In that case, the plaintiff had actual knowledge of the defendant's current address, had been corresponding with the corporation at that address, and had cited no "reason" that service could not be had at that address on the corporation's president or one of the other persons listed in the statute. In Stone Exchange, the Court specifically disapproved the rule that "substituted service on the Secretary of State is permitted whenever a corporation fails to maintain a registered office or personal service cannot be affected there," finding such service insufficient when the plaintiff has actual knowledge of the corporation's current address. Id. at 773, disapproving Daly's Driving School v. Scott, 238 Ga. App. 443, 444 (519 SE2d 1) (1999).