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Georgia State Code
Title      44
Chapter      14  
Section Navigation     1 ... 10         11 ... 35.1  
    36 ... 44         45 ... 64    
    65 ... 100       101 ... 141   
   142 ... 162.4     163 ... 186   
     187 ... 232       233 ... 260   
   261 ... 280       281 ... 323   
   324 ... 346       347 ... 362   
   363 ... 401       402 ... 411   
 411.1 ... 452       453 ... 465   
   466 ... 490       491 ... 515   
   516 ... 572       573 ... 605   
   610 ... 613     
Section<<< 187 188 189 190 191 210 211 230 231 232 >>>  
Title 44, Chapter 14, Section 232 (44-14-232)

(a) When the petition provided for in Code Section 44-14-231 is made, the judge, the magistrate, or the clerk shall grant and issue a summons as prescribed in this Code section to the sheriff, his deputy or marshal, or any lawful constable of the county where the debtor resides or the secured property is located. Service shall be made by the officer by delivering a copy of the summons attached to a copy of the petition to the defendant personally; or, if the officer is unable to serve the defendant personally, service may be had by delivering the summons and the petition to any person sui juris residing on the premises; or, if no such person is found residing on the premises after reasonable effort, service may be had by tacking a copy of the summons and the petition on the door of the premises and, on the same day of the tacking, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the petition to the defendant at his last known address, if any, and making an entry of this action on the petition filed in the case.

(b) The summons served on the defendant pursuant to subsection (a) of this Code section shall command and require the defendant to answer either orally or in writing within seven days from the date of the actual service unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday.

(c) It shall be the obligation of the debtor to advise the secured creditor of any change of his address subsequent to the date of the granting of the security interest.

(d) The form of the summons shall be uniform in every county of this state and is prescribed as follows:

"IN THE ______ COURT OF ________ COUNTY STATE OF GEORGIA

(Style of case) CIVIL ACTION NO. ________ SUMMONS

TO THE ABOVE NAMED DEFENDANT:

The defendant _______________________ herein ____________________ hereby commanded and required personally or by attorney to file with the Clerk of the ________ Court of ________ County (insert location) within seven days from the date of service of the within affidavit and summons, or on the first business day thereafter if the seventh day falls on a Saturday, a Sunday, or a legal holiday, then and there to answer said affidavit in writing or orally. If the defendant fails to answer on or before the seventh day from the date of service, the defendant may reopen the default as a matter of right by making an answer within seven days after the date of the default notwithstanding the provision of Code Section 9-11-55 of the Official Code of Georgia Annotated. If the seventh day is a Saturday, a Sunday, or a legal holiday, the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. The last possible date on which the defendant may answer is the ______ day of ______________, ____. If answer is not so made, a writ of possession shall issue against you as by law provided, pursuant to plaintiff's affidavit.

Witness the Honorable _____________, Judge of said Court.

This ______ day of ______________, ____.

_________________ Clerk,

________ Court of _________ County Service perfected on defendant, this ______ day of ______________, ____. ________________________ Sheriff, deputy, marshal or constable"

Wednesday July 23 23:32 CDT


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