2020 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 3 - Dispossessory Proceedings
§ 44-7-53. When Writ of Possession Issued; Trial of Issues; Possession Pending Trial

Universal Citation: GA Code § 44-7-53 (2020)
  1. If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the court shall issue a writ of possession instanter notwithstanding Code Section 9-11-55 or Code Section 9-11-62. The court, without the intervention of a jury, shall not require any further evidence nor hold any hearings and the plaintiff shall be entitled to a verdict and judgment by default for all rents due as if every item and paragraph of the affidavit provided for in Code Section 44-7-50 were supported by proper evidence.
  2. If the tenant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that, at the time of his answer, the tenant must pay rent into the registry of the court pursuant to Code Section 44-7-54.

(Laws 1827, Cobb's 1851 Digest, p. 902; Code 1863, § 3985; Ga. L. 1866, p. 25, § 1; Code 1868, § 4007; Code 1873, § 4079; Code 1882, § 4079; Civil Code 1895, § 4815; Civil Code 1910, § 5387; Code 1933, § 61-303; Ga. L. 1970, p. 968, § 2; Ga. L. 1971, p. 536, § 2; Ga. L. 1976, p. 1372, § 5; Ga. L. 1982, p. 3, § 44; Ga. L. 1982, p. 1134, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1983, p. 884, § 3-28.1; Ga. L. 1994, p. 1150, § 1; Ga. L. 2007, p. 498, § 2/SB 94.)

Cross references.

- Trial calendar, Uniform State Court Rules, Rule 8.3.

OPINIONS OF THE ATTORNEY GENERAL

Trial in magistrate court.

- If a tenant answers, a trial of the issues may be had in the magistrate court. 1983 Op. Att'y Gen. No. U83-69.

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