If you want to argue a Georgia court has no power over you, you have to say so at the start of the case.
When You Have to Raise It
Under OCGA 9-11-12(h)(1)(B), a defense of lack of jurisdiction over the person is waived “[i]f it is neither made by motion under this Code section nor included in a responsive pleading, as originally filed.” Georgia courts say it the same way: the defense “must be raised before or at the time of pleading, and failure to raise the defense in the answer or by motion filed before or simultaneously with the answer constitutes a waiver of the defense.” Dyer v. Surratt, 266 Ga. 220 (1996).
In Dyer, a Georgia father filed a contempt petition against his out-of-state former wife over visitation. Her lawyer appeared at a hearing and consented to a continuance, and she waited seven months to raise the defense. The Georgia Supreme Court held she had waived it as to the contempt case.
Too Late After Judgment
In McCarthy v. Ashment, 338 Ga. App. 858 (2016), an ex-husband was served with a petition for a permanent protective order, filed no responsive pleading, and then moved to set it aside for lack of jurisdiction. Because he did not raise the defense “prior to the entry of the protective order,” the Court of Appeals held the trial court was right to refuse.
If You Do Raise It
A defendant who moves to dismiss for lack of personal jurisdiction has the burden of proving it. Beasley v. Beasley, 260 Ga. 419 (1990). Once raised, the objection is not lost unless later conduct is “so manifestly consistent with and indicative of an intention to voluntarily relinquish” it “that no other reasonable explanation of [your] conduct is possible.” Millard v. Millard, 204 Ga. App. 399 (1992).
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!