Effect of consent to service of process

When consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the sale of burial lots, burial rights, burial services, or burial merchandise in violation of this chapter may be commenced in any court of competent jurisdiction with proper venue within this state by the service of process or pleadings upon the Secretary of State against the person executing such consent. Notwithstanding any provision in any other law to the contrary, service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by certified mail or statutory overnight delivery to the person against whom such process or pleadings are directed at such person’s latest address on file in the office of the Secretary of State. History. Code 1981, § 44-3-148, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Code 1981, § 10-14-24, as redesignated by Ga. L. 2000, p. 882, § 1; Ga. L. 2000, p. 1589, § 3. 10-14-25. Waiver of rights or defenses in cemetery purchase agreements void. Any condition, stipulation, or provision binding any person acquiring any burial lot, burial right, burial merchandise, or burial services to waive: (1) Compliance with any provision of this chapter or of the rules and regulations promulgated under this chapter; (2) Any rights provided by this chapter or by the rules and regulations promulgated under this chapter; or 1393 10-14-28 (3) Any defenses arising under this chapter or under the rules and regulations promulgated under this chapter shall be void. History. Code 1981, § 44-3-149, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1985, p. 149, § 44; Code 1981, § 10-14-25, as redesignated by Ga. L. 2000, p. 882, § 1. 10-14-26. Secretary of State immune from liability.