The failure to properly appoint a person to deliver process means the service is without effect. Townsend v. Williams, 170 Ga. App. 766, 318 S.E.2d 510, 511 (1984). See also Denny v. Croft, 195 Ga. App. 871, 395 S.E.2d 72, 73 (1990); Mendoza v. ACME Transfer Storage Co., 66 N.M. 32, 340 P.2d 1080, 1083 (1959).
1. Although Ferretti's defense of service of process by an unauthorized person ( Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984)) could have been raised in a responsive pleading (OCGA § 9-11-12 (b) (2)), the only basis for lack of service contained in his answer was that he was served with insufficient copies. The record is devoid of a showing that he enlarged the attack on service made in his answer.
]" Dept. of Transp. v. Marks, 219 Ga. App. 738 ( 466 S.E.2d 273) (1995). See, e.g., Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984) (chief of police not authorized to serve process); Denny v. Croft, 195 Ga. App. 871 (2) ( 395 S.E.2d 72) (1990) (Georgia Bureau of Investigation agent not authorized to serve process). In this case, the trial court found that Zimmerman lived near the Rockdale-Newton county line and that the sheriff mistakenly believed his residence was located in Rockdale County. The trial court concluded that because Zimmerman was personally served, "[d]eclaring that service to be insufficient would be elevating form over substance, rewarding [Zimmerman] for an unknown, unintentional, technical error that can be blamed on no one."
]" Denny v. Croft, 195 Ga. App. 871 (2), 872 ( 395 S.E.2d 72) (1990). See also Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984). Accordingly, the trial court did not err in ruling that appellant's purported attempt to serve process on Charles and Lizzie Rogers in December by private process server was insufficient.
Since the GBI agent was without authority to serve process, his attempt to do so was without effect. Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984). Furthermore, "`[t]hat (appellee) may have received a copy of the complaint and summons in connection with an attempted but invalid service does not suffice to afford the required notice of the action or dispense with a valid service.
[Cits.]" Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984). A copy of the summons and complaint left with a relative at a place other than appellee's residence or usual place of abode is not sufficient service.
Ferretti's argument as to ineffective service is predicated on the fact that he was served by an individual who was an employee of the person formally appointed by the court to serve Ferretti. He relies on Townsend v. Williams, 170 Ga. App. 766 ( 318 S.E.2d 510) (1984) where we held that purported service by one not specially appointed by the court was without effect. We do not reach this issue, however, since insofar as the record reveals it was not raised in the trial court.