25 LC 48 1536S/AP
House Bill 270 (AS PASSED HOUSE AND SENATE)
By: Representatives Reeves of the 99
th
, Leverett of the 123
rd
, Camp of the 135
th
, Silcox of
the 53
rd
, Jenkins of the 136
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to
1
issuance of summons, service, time for answer, and defenses and counterclaims, so as to2
provide for service by an approved process server; to provide for related matters; to provide3
a short title; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
This Act shall be known and may be cited as the "Eviction Service Act."7
SECTION 2.8
Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to issuance of9
summons, service, time for answer, and defenses and counterclaims, is amended by revising10
subsection (a) as follows:11
"(a) When the affidavit provided for in Code Section 44-7-50 is made, the judge of the12
superior court, the state court, or any other court with jurisdiction over the subject matter13
or the judge, clerk, or deputy clerk of the magistrate court shall grant and issue a summons14
to the sheriff or his or her
deputy, or to any lawful constable of the county where the land15
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is located, or an approved process server. A copy of the summons and a copy of the16
affidavit shall be personally served upon the defendant. If the sheriff, constable, or17
approved process server is unable to serve the defendant personally, service may be had18
by delivering the summons and the affidavit to any person who is sui juris residing on the19
premises or, if after reasonable effort no such person is found residing on the premises, by20
posting a copy of the summons and the affidavit on the door of the premises and, on the21
same day of such posting, by enclosing, directing, stamping, and mailing by first-class mail22
a copy of the summons and the affidavit to the defendant at his or her last known address,23
if any, and making an entry of this action on the affidavit filed in the case."24
SECTION 3.25
All laws and parts of laws in conflict with this Act are repealed.26
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