When 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.
History. 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.
Structure Georgia Code
Chapter 7 - Landlord and Tenant
§ 44-7-70. Power of Landlord to Distrain for Rent
§ 44-7-71. Application for Distress Warrant
§ 44-7-72. Issuance of Summons; Service on Defendant; Time for Hearing
§ 44-7-73. When Tender of Payment by Tenant Serves as Complete Defense
§ 44-7-76. Bond; Determination of Amount; Effect of Approval on Alienability of Property
§ 44-7-78. Appeal; Possession Pending Appeal
§ 44-7-79. Execution and Levy of Distress Warrant; Sale
§ 44-7-80. Time for Attachment of Landlord’s Lien; Priorities
§ 44-7-81. Claims by Third Persons; Oath and Bond; Method of Trial