---
title: O.C.G.A. § 44-7-51. Issuance of summons; service; time for answer; defenses and counterclaims.
collection: code
id: 44-7-51
cite_as: O.C.G.A. § 44-7-51 (2025)
canonical_url: https://georgiacommons.org/code/44-7-51
md_url: https://georgiacommons.org/code/44-7-51.md
text_url: https://georgiacommons.org/code/44-7-51/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-pdf.pdf?sfvrsn=6890e72d_0#page=177
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/44-7.md
previous: https://georgiacommons.org/code/44-7-50.md
next: https://georgiacommons.org/code/44-7-52.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / LANDLORD AND TENANT / DISPOSSESSORY PROCEEDINGS
---

# O.C.G.A. § 44-7-51. Issuance of summons; service; time for answer; defenses and counterclaims.

(a) When the affidavit provided for in Code Section 44-7-50 is made, the judge of the superior court, the state court, or any other court with jurisdiction over the subject matter or the judge, clerk, or deputy clerk of the magistrate court shall grant and issue a summons to the sheriff or his or her deputy, any lawful constable of the county where the land is located, or an approved process server. A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff, constable, or approved process server is unable to serve the defendant personally, service may be had by delivering the summons and the affidavit to any person who is sui juris residing on the premises or, if after reasonable effort no such person is found residing on the premises, by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the affidavit to the defendant at his or her last known address, if any, and making an entry of this action on the affidavit filed in the case.

(b) The summons served on the defendant pursuant to subsection (a) of this Code section shall command and require the tenant to answer either orally or in writing within seven days from the date of the actual service unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense or counterclaim. The landlord need not appear on the date of the tenant’s response. The last possible date to answer shall be stated on the summons.

(c) If service is by posting a copy of the summons and the affidavit on the door of the premises and mailing a copy of the summons and the affidavit to the defendant, as provided in subsection (a) of this Code section, the court shall have jurisdiction to enter a default judgment for possession of the premises in the absence of an answer being filed, but in such instance a default judgment for money owed may not be entered unless the defendant files an answer or otherwise makes an appearance in the case.

## History

Laws 1827, Cobb’s 1851 Digest, p. 902.; Code 1863, § 3984; Ga. L. 1865-66, p. 34, § 1; Ga. L. 1866, p. 25, § 1; Code 1868, § 4006; Code 1873, § 4078; Code 1882, § 4078; Civil Code 1895, § 4814; Civil Code 1910, § 5386; Code 1933, § 61-302; Ga. L. 1970, p. 968, § 1; Ga. L. 1971, p. 536, § 1; Ga. L. 1976, p. 1372, § 4; Ga. L. 1978, p. 938, § 1; Ga. L. 1982, p. 1228, § 2; Ga. L. 1983, p. 884, § 4-1; Ga. L. 1991, p. 94, § 44; Ga. L. 1991, p. 968, § 1; Ga. L. 2006, p. 656, § 1.2/HB 1273; Ga. L. 2025, p. 626, § 2/HB 270, effective July 1, 2025.

## Editor's Notes

Ga. L. 2025, p. 626, § 1/HB 270, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Eviction Service Act.’”

## Amendments

The 2025 amendment, effective July 1, 2025, in subsection (a), in the first sentence, substituted “or her deputy,” for “deputy or to” and added “, or an approved process server” at the end, and in the last sentence, inserted “, constable, or approved process server” and “or her”.