Brewer v. Guaranteed Auto, Inc., 1:14-cv-03972

Brewer sued Guaranteed Auto, Inc. (GAI) under the Truth in Lending Act and Georgia Fair Business Practices Act.
The Clerk entered default against GAI, and Brewer moved for default judgment.
The Court paused the motion and ordered Brewer to prove proper service, noting she appeared to rely on substituted service through the Georgia Secretary of State.
Brewer filed a process-server affidavit showing one attempted personal service at an address where GAI was not present, but she did not produce the statutory certification or proof of registered/overnight mailing to the Secretary of State required by O.C.G.A. § 9-11-4(e)(1)(A).
More than 120 days elapsed from filing without completed service or a request for extension.
The Magistrate Judge recommended denial of the default-judgment motion and dismissal of the complaint without prejudice for failure to perfect service under Fed. R. Civ. P. 4(m).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether GAI was properly served under Fed. R. Civ. P. 4 and Georgia law	Brewer contends service was effectuated (filed process-server affidavit and claimed in-hand service in motion)	GAI did not respond; record shows only an attempted personal service and no proof of required substituted-service steps	Not properly served; affidavit shows only failed attempt and no compliance with substituted-service statute
Whether substituted service via Georgia Secretary of State was valid	Brewer implicitly relies on substituted service through the Secretary of State	No evidence Brewer sent registered/overnight mail to last registered office or certified that service could not be effected, as mandated by O.C.G.A. § 9-11-4(e)(1)(A)	Substituted service was not proven; statutory procedural requirements not met
Whether the court can enter default judgment absent proper service	Brewer sought default judgment after Clerk’s entry of default	GAI did not oppose but lack of service defeats jurisdiction	Court lacks jurisdiction to enter default judgment without proper service; default judgment denied
Whether the case should be dismissed under Fed. R. Civ. P. 4(m) for untimely service	Brewer did not move for extension or show good cause for delay	No opposition; Court must enforce 120-day rule absent good cause	Case recommended dismissed without prejudice under Rule 4(m) because service was not completed within 120 days and no good cause was shown

Pardazi v. Cullman Med. Ctr., 896 F.2d 1313 (11th Cir. 1990) (service of process is jurisdictional)
Jackson v. Warden, FCC Coleman-USP, [citation="259 F. App'x 181"] (11th Cir. 2007) (failure to serve properly requires dismissal and the court should not reach merits)
Davis v. Frederick J. Hanna & Assocs., P.C., 506 F. Supp. 2d 1322 (N.D. Ga. 2007) (Georgia substituted service on Secretary of State permitted only after attempted service on statutory designees)
Anderson v. Dunbar Armored, Inc., 678 F. Supp. 2d 1280 (N.D. Ga. 2009) (serving party bears the burden to prove validity of service)
Lepone-Dempsey v. Carroll Cnty. Comm'rs, 476 F.3d 1277 (11th Cir. 2007) (courts may extend service deadline for equitable reasons but extension is discretionary)