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Current as of March 28, 2024 | Updated by FindLaw Staff
(a) When the petition provided for in Code Section 44-14-231 is made, the judge, the magistrate, or the clerk shall grant and issue a summons as prescribed in this Code section to the sheriff, his deputy or marshal, or any lawful constable of the county where the debtor resides or the secured property is located. Service shall be made by the officer by delivering a copy of the summons attached to a copy of the petition to the defendant personally; or, if the officer is unable to serve the defendant personally, service may be had by delivering the summons and the petition to any person sui juris residing on the premises; or, if no such person is found residing on the premises after reasonable effort, service may be had by tacking a copy of the summons and the petition on the door of the premises and, on the same day of the tacking, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the petition to the defendant at his last known address, if any, and making an entry of this action on the petition filed in the case.
(b) The summons served on the defendant pursuant to subsection (a) of this Code section shall command and require the defendant to answer either orally or in writing within seven days from the date of the actual service unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday.
(c) It shall be the obligation of the debtor to advise the secured creditor of any change of his address subsequent to the date of the granting of the security interest.
(d) The form of the summons shall be uniform in every county of this state and is prescribed as follows:
“IN THE _____ COURT OF _____ COUNTY | |
STATE OF GEORGIA | |
(Style of case) | CIVIL ACTION |
NO. _________________ |
SUMMONS
TO THE ABOVE-NAMED DEFENDANT:
The defendant _____ herein _____ hereby commanded and required personally or by attorney to file with the Clerk of the _____ Court of _____ County (insert location) within seven days from the date of service of the within affidavit and summons, or on the first business day thereafter if the seventh day falls on a Saturday, a Sunday, or a legal holiday, then and there to answer said affidavit in writing or orally. If the defendant fails to answer on or before the seventh day from the date of service, the defendant may reopen the default as a matter of right by making an answer within seven days after the date of the default notwithstanding the provision of Code Section 9-11-55 of the Official Code of Georgia Annotated. If the seventh day is a Saturday, a Sunday, or a legal holiday, the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. The last possible date on which the defendant may answer is the _____ day of _____, _____. If answer is not so made, a writ of possession shall issue against you as by law provided, pursuant to plaintiff's affidavit.
Witness the Honorable _____, Judge of said Court.
This _____ day of _____, _____.
____________________________ |
Clerk, |
________ Court of ________ County |
Service perfected on |
defendant, this ________ |
day of ____________________________, ________. |
____________________________ |
Sheriff, deputy, marshal |
or constable” |
Cite this article: FindLaw.com - Georgia Code Title 44. Property § 44-14-232 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-14-232/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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