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“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”
History. Code 1933, § 67-703, enacted by Ga. L. 1974, p. 398, § 1; Ga. L. 1978, p. 1705, § 2; Ga. L. 1982, p. 3, § 44; Ga. L. 1987, p. 1023, § 3; Ga. L. 1999, p. 81, § 44; Ga. L. 2002, p. 415, § 44.
The 2002 amendment, effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, revised spelling in subsection (d).
Law reviews.
For article on this part and personal property foreclosures, see 11 Ga. St. B. J. 230 (1975).
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Part 4 - Foreclosures on Personalty
§ 44-14-230. Authority to Foreclose; Execution; Sale
§ 44-14-231. Petition for Writ of Possession; Affidavit
§ 44-14-235. Appeals; Possession Pending Appeal
§ 44-14-236. Execution and Levy; Retention by Plaintiff; Sale
§ 44-14-237. Transfer, Movement, or Conveyance of Property by Defendant After Posting of Bond
§ 44-14-238. Foreclosure When Debts Due in Installments; Treatment of Surplus
§ 44-14-239. Foreclosure Before Debt Due; Grounds; Affidavit
§ 44-14-240. Foreclosure Before Debt Due; Levy and Sale; Disposition of Proceeds
§ 44-14-241. Foreclosure Before Debt Due; Affidavit of Illegality; Bond; Trial of Issue