Dispossessory Court Process in Georgia: Affidavit, the 7-Day Answer and Judgment

By the FigureMyTax Editorial Team · How we calculate

A Georgia eviction case starts with a sworn affidavit and a summons that gives the tenant seven days to answer. Here is how service, the answer, a default and the judgment work.

How does the case start?

After a notice or demand and the tenant’s refusal to pay or leave, the owner, agent or attorney goes before a judge or the clerk and makes a sworn affidavit; the affidavit may also be made before a notary public (O.C.G.A. 44-7-50). The court then issues a summons.

How long does the tenant have to answer?

The summons commands the tenant to answer, orally or in writing, within seven days from the date of actual service, unless the seventh day is a Saturday, Sunday or legal holiday, in which case the answer may be made the next day that is not one. If the answer is oral, its substance is endorsed on the affidavit (44-7-51(b)). The Georgia eviction timeline calculator counts the seven days.

What if the tenant does not answer?

The landlord may seek a default judgment and a writ of possession. Courts have held that a tenant who fails to answer within seven days gives the landlord a default judgment that the court has no discretion to open, subject to the statute’s own rules for reopening. Do not ignore the summons.

What can the tenant raise in the answer?

Any legal or equitable defense or counterclaim. A tenant who answers in a case about unpaid rent may have to pay rent into the court registry as it comes due while the case is pending (44-7-54). Bring the lease, the notice, receipts and any proof of repairs requested.

What does the judgment say?

If the judgment is against the tenant, it is entered for all rent due and any other claim relating to the dispute, and the court issues a writ of possession; if it is for the tenant, the tenant may remain and the landlord is liable for all foreseeable damages caused by its wrongful conduct (44-7-55). See the Georgia writ of possession.

Where is it heard?

Dispossessory cases are filed in the court the affidavit is made before, most often the magistrate court of the county. Ask the clerk about the filing fee, the forms and whether the court has a mediation program.

How a tenant protects their position

Do not ignore the summons: a tenant who fails to answer within seven days of service risks a default judgment. Note the date you were served, answer in writing or orally within seven days, bring the lease, the notice and receipts, and talk to a licensed Georgia attorney or legal aid the same week.

What each side should bring

A tenant should bring the lease, the notice, rent receipts or bank records and any messages with the landlord. A landlord should bring the lease, the notice with proof of posting, a ledger of the amounts claimed and the affidavit. The Georgia eviction timeline calculator helps both sides check that the dates add up.

What the landlord must prove

The landlord must show that it has the right to possession and that the notice or demand the Code requires was given. For unpaid money on a covered lease, the three-business-day notice, its posting and the refusal are the facts a tenant’s answer is most likely to test, along with the amounts claimed. The court enters judgment for rent due and other claims related to the dispute if it rules for the landlord.

Frequently asked questions

Official sources

• O.C.G.A. 44-7-50: demand for possession; notice to vacate or pay
• O.C.G.A. 44-7-51: summons; time for answer
• O.C.G.A. 44-7-55: judgment; writ of possession

This is general information, not legal advice. It is based on the cited Georgia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Georgia attorney.