There Is a Newer Version
of
the Georgia Code
2006 Georgia Code - 44-2-67
44-2-67. (a)(1) Upon the petition being filed in the
office of the clerk of the superior court in the county where the
land is located, the clerk shall issue a process directed to the
sheriffs of this state and their lawful deputies requiring all of
the defendants named in the petition and all other persons 'whom it
may concern' to show cause before the court on a named day not less
than 40 nor more than 50 days from the date thereof why the prayers
of the petition should not be granted and why the court should not
proceed to judgment in such cause. The clerk shall make the
necessary copies of the petition and process for service.
(2) A copy of the petition and
process shall be served in accordance with Code Section 9-11-4 upon
each party who is named as a defendant in the original petition and
who is a resident of this state, provided that such service shall
be within 30 days from the time of issuance of process. Second
originals and copies may be issued and served in the same manner
provided for in Code Section 9-11-4. (3) The clerk of the superior court shall also
cause to be published for four separate weeks in the newspaper in
which the advertisements of sheriff´s sales in the county are
advertised a notice addressed 'to whom it may concern' and to each
person named in the petition as a defendant who resides outside of
the state or whose place of residence is unknown. The notice shall
give notice of the filing of the petition by the petitioner and a
description of the land which the petitioner seeks to register and
shall warn such defendants to show cause why the petition should
not be granted before the court on the date named in the
process. (4) Wherever the
petition discloses or it otherwise becomes disclosed to the court
in the progress of the proceedings that any nonresident is
interested, such nonresident shall also be notified by the clerk of
the court mailing to him a copy of the petition and process by
registered or certified mail or statutory overnight delivery to his
post office address, if known, as the same may be disclosed to the
court through the petition or other proceedings in the case.
(5) The judge of the court may grant
additional time for service or return of the process and may
provide for service in cases not provided for in this subsection
wherever the exigencies of justice may so require.
(b) Notwithstanding subsection (a)
of this Code section, instead of the clerk´s issuing process
and making copies of the petition and process and instead of
service of the petition and process being made, it shall be
sufficient for the clerk to prepare and cause to be issued and
served as provided in subsection (a) of this Code section a summons
substantially in the following language: 'To (here list the defendants shown in the
petition): Please take notice
that (here name the plaintiff or plaintiffs) has filed in said
court a petition seeking to register, under the provisions of the
Land Registration Law, the following described lands (describe
them). You are notified to show cause to the contrary, if any you
have, before said court on or before the ______ day of
______________, ____.
_______________
Clerk' However, if the petitioner so requests and if he delivers copies of the petition to the clerk, the clerk shall attach a copy of the process to the petition and cause the same to be served as provided in subsection (a) of this Code section. Wherever in this article a requirement is made for serving on any person a copy of the petition and process, it shall be sufficient in lieu thereof to serve a copy of the summons as provided for in this subsection. (c) Notwithstanding subsection (b) of this Code section, if any defendant named in the original petition shall through his counsel request in writing a copy of the petition from the applicant, the applicant shall provide the defendant with a copy of the petition, with all exhibits attached, within five days of the request. The time within which a defendant must file an answer or cross-action to the application shall be suspended from the date of his request for a copy of the petition until the date he receives the copy of the petition, with all exhibits attached, from the applicant. (d) Guardians ad litem shall be appointed for infants and other persons under disability in proceedings under this article, as provided for in Title 9.
_______________
Clerk' However, if the petitioner so requests and if he delivers copies of the petition to the clerk, the clerk shall attach a copy of the process to the petition and cause the same to be served as provided in subsection (a) of this Code section. Wherever in this article a requirement is made for serving on any person a copy of the petition and process, it shall be sufficient in lieu thereof to serve a copy of the summons as provided for in this subsection. (c) Notwithstanding subsection (b) of this Code section, if any defendant named in the original petition shall through his counsel request in writing a copy of the petition from the applicant, the applicant shall provide the defendant with a copy of the petition, with all exhibits attached, within five days of the request. The time within which a defendant must file an answer or cross-action to the application shall be suspended from the date of his request for a copy of the petition until the date he receives the copy of the petition, with all exhibits attached, from the applicant. (d) Guardians ad litem shall be appointed for infants and other persons under disability in proceedings under this article, as provided for in Title 9.
Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
