Section 15-11-39.1. (Effective until January 1, 2014) Service of summons; costs of service and travel expenses

   (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally at least 24 hours before the hearing. If a party to be served is within this state and cannot be found but his or her address is known or can with reasonable diligence be ascertained, the summons may be served upon such party by mailing him or her a copy thereof by registered or certified mail or statutory overnight delivery at least five days before the hearing. If a party to be served is outside this state but he or she can be found or his or her address is known or his or her whereabouts or address can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy thereof to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery at least five days before the hearing.

(b) If, after reasonable effort, a party to be served with a summons cannot be found and such party's post office address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication in accordance with Code Sections 9-11-4 and 9-11-5. The hearing shall not be earlier than five days after the date of the last publication.

(c) Service of the summons may be made by any suitable person under the direction of the court.

(d) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.

Ga. L. 1915, p. 35, § 6; Code 1933, § 24-2406; Ga. L. 1950, p. 367, § 14; Ga. L. 1951, p. 291, § 15; Ga. L. 1968, p. 1013, § 7; Code 1933, § 24A-1702, enacted by Ga. L. 1971, p. 709, § 1; Code 1981, § 15-11-27; Code 1981, 15-11-39.1, as redesignated by Ga. L. 2000, p. 20, § 1; Ga. L. 2000, p. 1589, § 3.