2021 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 4 - Distress Warrants
§ 44-7-71. Application for Distress Warrant
When rent is due or the tenant is seeking to remove his property, the landlord, his agent, his attorney in fact, or his attorney at law may, upon a statement of the facts under oath, apply for a distress warrant before the judge of the superior court, the state court, the civil court, or the magistrate court within the county where the tenant may reside or where his property may be found.
(Laws 1811, Cobb's 1851 Digest, p. 900; Code 1863, §§ 4011, 5101, 5102; Code 1868, § 4010; Ga. L. 1869, p. 14, § 1; Code 1873, § 4082; Ga. L. 1875, p. 23, § 1; Code 1882, § 4082; Civil Code 1895, § 4818; Civil Code 1910, § 5390; Code 1933, § 61-402; Ga. L. 1975, p. 1514, § 2; Ga. L. 1983, p. 884, § 3-29.)
OPINIONS OF THE ATTORNEY GENERALMagistrate court has jurisdiction to try cases and issue writs and judgments in dispossessory and distress warrant proceedings when the amount in controversy exceeds $3,000.00. 1988 Op. Att'y Gen. No. U88-18.
RESEARCH REFERENCES
Am. Jur. 2d.
- 49 Am. Jur. 2d, Landlord and Tenant, § 591.
C.J.S.- 52A C.J.S., Landlord and Tenant, § 1274.
ALR.- Landlord's remedy by way of distress or lien on defaulting tenant's property on leased premises as including right to collect for all unpaid utility expenses, 99 A.L.R.3d 1100.
