OCGA § 19-6-28 - Enforcement of orders; contempt; service of rule nisi by mail; rule nisi form
|Cite as:||OCGA § 19-6-28|
|Currency:||Current through 2019 Chapter 321|
(a) In addition to other powers specified in this chapter, the court shall have the power to subject the respondent to such terms and conditions as the court may deem proper to assure compliance with its orders and, in particular, shall have the power to punish the respondent who violates any order of the court to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court. Any proceeding for compliance pursuant to this authority shall be a part of the underlying action, and a motion for such enforcement shall not constitute the filing of a new action or require the payment of a new filing fee.
(b) In any proceeding to enforce a temporary or permanent grant of alimony or child support by attachment for contempt, the petitioner may serve the motion and rule nisi by mailing a copy of the motion and rule nisi by first-class mail, postage prepaid, to the respondent at the respondent's last known address together with two copies of a notice and acknowledgment conforming substantially to the form specified in subsection (c) of this Code section and a return envelope, postage prepaid, addressed to the sender. If service is perfected by acknowledgment of service in this manner, the petitioner shall file with the court the acknowledgment of the respondent; and such filing shall constitute a return of service. If no acknowledgment of service under this subsection is received by the petitioner within ten days after the date of such mailing, the petitioner shall notify the clerk of court and deposit the costs of service and service of such summons shall be made as provided in Code Section 9-11-4. The costs of such service shall be charged by the clerk of court to the respondent unless the respondent after motion and hearing establishes to the court that there is good reason why such person should not be so charged. A child support contempt motion shall be served upon a respondent ...
(c) The form for notice and acknowledgment under subsection (b) of this Code section shall be substantially as follows: IN THE SUPERIOR COURT OF ____ COUNTY STATE OF GEORGIA___________ )Plaintiff ) )v. ) Civil action ) File no.___ )____________ ) Defendant ) RULE NISI NOTICE AND ACKNOWLEDGMENT To: (insert the name and address of the person to be served) The enclosed motion and rule nisi are served pursuant toOfficial Code of Georgia Annotated Section 19-6-28. You must complete the acknowledgment part of this form and mail one copy of the completed form to the sender within ten days of the dateof mailing to you, which date is set out below. You must sign and date the acknowledgment. If you are served on behalf ofanother person and you are authorized to receive process, you mustindicate under your signature your authority. If you do not complete and return this form to the sender within ten days,you or theparty on whose behalf you are being served will be required topay any expenses incurred in serving a summons and complaint in any other mannerpermitted by law unless good and sufficient cause is shown to the contrary. If you do complete and mail this form, you or the party on whose behalf you are being served must appear and show cause why you should not be attached for contempt at the time required by the enclosed rule nisi. I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt will have been mailed on the date set out below. _____________ Signature _____________ Date of mailing ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT I declare, under penalty of perjury, that I received a copyof themotion and of the rule nisi in the above-captioned manner at (insertaddress). _________________________ Signature ________________________ Printed name of signer _______________________ Authority to receive service of process _____________________ Date of mailing
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