44-11-30. Manner of ejecting intruders; affidavit; ejection by sheriff and other peace officers; counteraffidavit.

When any person, either by himself or herself, his or her agent, or his or her attorney in fact, shall take and subscribe an affidavit in writing before any officer authorized to administer an oath setting forth that he or she claims, in good faith, the right of possession to the described land or tenement and that such land or tenement is in the hands of another named person who does not in good faith claim a right to such possession and yet refuses to abandon the same, it shall be the duty of the sheriff, deputy sheriff, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council of the county where the land or tenement is located, upon receiving such affidavit, to exhibit such affidavit to the person described as being in possession of such land or tenement at least three days prior to turning such person out of possession unless the person in possession tenders to such sheriff, deputy sheriff, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council a counteraffidavit stating that he or she claims, in good faith, a legal right to the possession of the land or tenement. Such sheriff, deputy sheriff, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council shall turn out such person once three days have elapsed from the day such affidavit was exhibited.