44-11-32. Procedure on submission of counteraffidavit; trial; nonmeritorious submission; appeal.

If the party in possession submits a counteraffidavit as provided in Code Section 44-11-30, the sheriff, deputy sheriff, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall not turn him or her out of possession but shall leave both parties in their respective positions. In such an event, the sheriff, deputy sheriff, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall return both affidavits to the office of the clerk of the magistrate court of the county in which the land is located for a nonjury trial in accordance with the laws of this state.#

If the party in possession submits any counteraffidavit or other documentation at trial, upon the magistrate’s determination that the affidavit is not meritorious based on the preponderance of the evidence, the sheriff, deputy sheriff, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall turn him or her out of possession to occur as soon as practicable pursuant to a writ of possession.#

The court may award the plaintiff the fair market value rent for the duration of the party’s occupancy, and other monetary relief found appropriate by the court. A party shall have the right to appeal the decision of such magistrate court and such decision shall be directly appealable to the Georgia appellate courts and not by de novo review by the superior court.#