Ga. Code § 44-14-232

Current through 2023-2024 Legislative Session Chapter 709

Section 44-14-232 - Summons; service on defendant; debtor's duty to notify creditor of address changes; form

(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 ondefendant, this __________________day of __________________, __________________.

__________________Sheriff, deputy, marshalor constable"

OCGA § 44-14-232

Amended by 2002 Ga. Laws 462, § 44, eff. 4/18/2002.