At any time prior to the sale or other final disposition of the property by the levying officer or petitioner as provided for under Code Section 44-14-236 but no later than 30 days after service as provided for under Code Section 44-14-265, the defendant may appear and file any legal or equitable defense or counterclaim to the petitioner’s claim for a writ of immediate possession. After the filing of such defense or counterclaim, a trial of any issue requiring a trial shall be had in accordance with the procedure prescribed for civil actions in courts of record.
History. Code 1933, § 67-715, enacted by Ga. L. 1975, p. 1213, § 3; Ga. L. 1982, p. 3, § 44.
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Part 4 - Foreclosures on Personalty
Subpart 2 - Foreclosures Arising Out of Commercial Transactions
§ 44-14-262. Grounds for Immediate Writ of Possession
§ 44-14-263. Bond or Waiver Required
§ 44-14-264. Issuance of Writ; Procedure When Showing Insufficient
§ 44-14-265. Service of Notice to Defendant
§ 44-14-266. Execution and Levy