Where do I send an ante litem notice when suing the State of Georgia?

· 3 min read

Sending the state’s ante litem notice to the right place is as important as sending it on time. The Georgia Tort Claims Act designates a central office to receive these notices and also requires a copy to go to the particular state agency involved. A notice delivered only to the agency, or only to the central office, may not satisfy the statute.

Two required destinations

Under O.C.G.A. § 50-21-26, the notice has two distinct destinations, and both must receive it. The primary recipient is the Risk Management Division of the Department of Administrative Services, which serves as the state’s central intake point for tort claims. In addition, a copy of the notice must be delivered to the specific state government entity whose acts or omissions are the basis of the claim.

So a complete state ante litem notice generally goes to two places:

  • The Risk Management Division of the Department of Administrative Services, as the central recipient that the statute names.
  • The particular state agency or department involved in the incident, which must receive its own copy.

Sending to one but not the other is a frequent and serious error. A notice that reaches only the agency, and not Risk Management, can leave the claim non-compliant even if the agency clearly knows about it, because the statute designates Risk Management as the office that must be served.

Why the central office matters

Designating a single division to receive every state tort notice gives the state one reliable place to log, investigate, and respond to claims. That is why a notice handed to a field office, a department’s general counsel, or an individual employee does not substitute for service on Risk Management. The agency copy keeps the responsible entity informed, but it is the delivery to Risk Management that anchors compliance.

Because identifying the correct state entity can be less obvious than it seems, especially where multiple agencies or contractors were involved, confirming which department’s acts underlie the claim is part of getting the notice to the right recipients.

The bottom line

A state ante litem notice in Georgia must go to the Risk Management Division of the Department of Administrative Services, with a separate copy to the specific responsible state agency, under § 50-21-26. Serving the central division is what satisfies the statute, so directing the notice to both correct recipients, not just the agency a claimant happens to know, is essential to preserving the claim.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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