Where Can You Sue an Out-of-State Defendant in Georgia?
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In a county with a connection to the claim. When jurisdiction rests on Georgia’s long-arm statute, O.C.G.A. § 9-10-93 places venue “in any county wherein a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located”. For a crash with a nonresident driver on a Georgia highway, § 40-12-3 lets a Georgia resident choose between the county where the accident or injury occurred and the plaintiff’s own county of residence; a nonresident plaintiff files in the county where the accident occurred. A nonresident can also be joined in the county where a Georgia resident defendant in the same occurrence is suable.
The venue rules for nonresident defendants
| Situation | Where the case may be filed | Source |
|---|---|---|
| Long-arm jurisdiction over a nonresident | Any county where a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located | § 9-10-93 |
| Nonresident motorist, Georgia plaintiff | "The county in which the accident or injury occurred or the cause of action originated, or in the county of the residence of the plaintiff, as the plaintiff in such action may elect" | § 40-12-3 |
| Nonresident motorist, nonresident plaintiff | The county in which the accident or injury occurred or the cause of action originated | § 40-12-3 |
| A Georgia resident defendant and a nonresident in the same transaction or occurrence | The nonresident "may be joined as a defendant in the county where a resident defendant is suable" | §§ 9-10-93, 40-12-3 |
Under § 9-10-93, venue over the nonresident is not lost if the resident defendant wins at trial; if the resident defendant is dismissed before trial, the case against the nonresident is transferred to a county where venue is proper.
First, jurisdiction over the defendant
Venue matters only if a Georgia court can reach the defendant. Under § 9-10-91, a nonresident is subject to jurisdiction, for a claim arising from the listed acts, if in person or through an agent the nonresident transacts any business in Georgia, commits a tortious act or omission in Georgia, commits a tortious injury in Georgia by an act outside the state while regularly doing or soliciting business or deriving substantial revenue here, or owns, uses, or possesses Georgia real property. A company registered to do business in Georgia is also subject to general jurisdiction here under Cooper Tire & Rubber Co. v. McCall (2021), a rule the U.S. Supreme Court’s decision in Mallory v. Norfolk Southern Railway Co. (2023) allows; see suing a foreign manufacturer in Georgia.
Moving the case
- Forum non conveniens. On written motion, a Georgia court that finds a claim “would be more properly heard in a forum outside this state or in a different county of proper venue within this state” must decline to hear it, dismissing in favor of another state or transferring to another county, after weighing seven listed factors, including the “traditional deference given to a plaintiff’s choice of forum” (§ 9-10-31.1(a)). Before dismissing in favor of another state, the court requires the defendants to stipulate that they waive the statute of limitations defense in states where the claim was timely when filed in Georgia (§ 9-10-31.1(b)).
- Removal to federal court. A defendant may remove a case to federal court when the parties are citizens of different states and “the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs” (28 U.S.C. § 1332(a)). The case may not be removed on that basis “if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought” (28 U.S.C. § 1441(b)(2)), and the notice of removal is due within 30 days after the defendant receives the initial pleading (28 U.S.C. § 1446(b)(1)).
Questions to answer before filing
- Where did the crash, act, or injury happen?
- Is there a Georgia resident defendant from the same occurrence, and in which county can that defendant be sued?
- Is the out-of-state company registered to do business in Georgia?
- Would any defendant be a Georgia citizen for removal purposes?
Sources
- O.C.G.A. §§ 9-10-31.1, 9-10-91, 9-10-93, 40-12-3 (text as published in October 2016 on a mirror site; no amendment to §§ 9-10-31.1, 9-10-93, or 40-12-3 recorded in the 2022 to 2026 legislative summaries).
- 28 U.S.C. § 1332, § 1441, § 1446
- Cooper Tire & Rubber Co. v. McCall, 312 Ga. 422 (2021)
General information about Georgia law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.