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Call Now: 904-383-7448When the affidavit provided for in Code Section 44-7-71 is made, the judge of the superior court, the state court, the civil court, or the magistrate court before whom it was made shall grant and issue a summons to the marshal or the sheriff or his deputy of the county where the tenant resides or where his property may be found. A copy of the summons and the affidavit shall be personally served upon the defendant. If an officer is unable to serve the defendant personally, service may be given by delivering the summons and affidavit to any person who is sui juris residing on the premises. The summons served on the defendant pursuant to this Code section shall command and require the tenant to appear at a hearing on a day certain not less than five nor more than seven days from the date of actual service.
(Code 1933, § 61-403, enacted by Ga. L. 1975, p. 1514, § 2; Ga. L. 1982, p. 1134, § 3; Ga. L. 1983, p. 884, § 3-30.)
- Authority to issue dispossessory or distress warrants does not exist unless expressly conferred by statute. White v. Johnson, 151 Ga. App. 345, 259 S.E.2d 731 (1979).
- When the summons and affidavit are defective, a trial court was not authorized to dismiss them for failure to state a claim upon which relief can be granted; the deficiency was in the nature of the defense of "insufficiency of process" as described in Ga. L. 1972, p. 689, §§ 4 and 5 (see O.C.G.A. § 9-11-12(b)(4)), and failure to raise this defense specifically in a defensive pleading waived the defense. White v. Johnson, 151 Ga. App. 345, 259 S.E.2d 731 (1979).
- If the clerk and deputy clerks have been granted the power to perform all purely ministerial duties which, under the laws of this state, are performable by a justice of the peace, a distress warrant issued by the clerk or deputy clerk is valid. White v. Johnson, 151 Ga. App. 345, 259 S.E.2d 731 (1979).
- Timely answer to an application for a distress warrant is made if the tenant filed the tenant's answer before the date of a rescheduled hearing, regardless of the length of time between the date of service of the summons for the tenant to appear and the date of filing of the answer. Daniel v. Wells Oil Co., 205 Ga. App. 331, 422 S.E.2d 55 (1992).
Cited in Don Pepe, Inc. v. JMAPCO, Inc., 157 Ga. App. 216, 276 S.E.2d 886 (1981).
- 49 Am. Jur. 2d, Landlord and Tenant, § 615 et seq.
- 52A C.J.S., Landlord and Tenant, § 1303.
No results found for Georgia Code 44-7-72.