§ 16-63-216 - Constructive service -- Proof of allegations.
16-63-216. Constructive service -- Proof of allegations.
The statements of the complaint, as against a defendant who was constructively summoned and who has not appeared, except those which are to his or her benefit, shall not be taken as true but are to be established by proof. But where the plaintiff files with the complaint his or her own affidavit stating that any of the allegations thereof recited in the affidavit are true, and known to be so by the defendant, and that they cannot be proved or shown otherwise than by his or her answer, so far as the affiant knows or believes, such allegations, unless denied by the answer, shall be taken as true.