GA Code § 44-14-232 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 1 - In General|§ 44-14-232. Summons; Service on Defendant; Debtor's Duty to Notify Creditor of Address Changes; Form

  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.   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.   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"   (Code 1933, § 67-703, enacted by Ga. L. 1974, p. 398, § 1; Ga. L. 1978, p. 1705, § 2; Ga. L. 1982, p. 3, § 44; Ga. L. 1987, p. 1023, § 3; Ga. L. 1999, p. 81, § 44; Ga. L. 2002, p. 415, § 44.)    The 2002 amendment,  effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, revised spelling in subsection (d).   Law reviews.   - For article on this part and personal property foreclosures, see 11 Ga. St. B.J. 230 (1975).   JUDICIAL DECISIONS    The trial court acquires no jurisdiction over defendant in the absence of service in accordance with the statutory mandate, or the waiver thereof. McGowan v. W.S. Badcock Corp., 144 Ga. App. 255, 240 S.E.2d 779 (1977).    The fact that defendant acquires knowledge of the pending suit does not cure the defective service. McGowan v. W.S. Badcock Corp., 144 Ga. App. 255, 240 S.E.2d 779 (1977).   Instructions.    - It was not error for the trial court to fail to charge the substance of O.C.G.A. § 44-14-232 in the absence of a request. First Nat'l Bank v. Vinson, 102 Ga. App. 828, 118 S.E.2d 225 (1960).    Where the plaintiff in a mortgage execution wrongfully causes personal property described in the execution to be brought from Alabama into Georgia for the purpose of having it levied upon under the execution, a levy on the property under such circumstances is illegal and void, in the absence of acquiescence and consent of the mortgagor. Robinson v. Smith, 80 Ga. App. 151, 55 S.E.2d 638 (1949).   Notice required where parties intended contract preempted by federal law.    - A mobile home financing contract which was silent with regard to foreclosure and repossession did not permit the creditor to repossess by self help without notice (O.C.G.A. § 11-9-503), or to foreclose upon seven-days notice pursuant to a writ of possession (O.C.G.A. § 44-14-232), for the simple reason that the parties intended to enter a contract preempted by federal law, which requires 30 days notice to a defaulting debtor prior to repossession or foreclosure. Grant v. GECC, 764 F.2d 1404 (11th Cir. 1985), cert. denied, 476 U.S. 1124, 106 S. Ct. 1993, 90 L. Ed. 2d 673 (1986).    Cited in Adams v. Citizens & S. Nat'l Bank, 132 Ga. App. 622, 208 S.E.2d 628 (1974); Harper v. First Nat'l Bank, 133 Ga. App. 690, 212 S.E.2d 20 (1975); Favors v. Vintage Credit Corp., 141 Ga. App. 47, 232 S.E.2d 387 (1977); Jordan v. Ford Motor Credit Co., 141 Ga. App. 280, 233 S.E.2d 256 (1977); First Nat'l Bank v. Baker, 142 Ga. App. 870, 237 S.E.2d 233 (1977); Porter v. Midland-Guardian Co., 145 Ga. App. 262, 243 S.E.2d 595 (1978); Porter v. Midland-Guardian Co., 242 Ga. 1, 247 S.E.2d 743 (1978); Good Housekeeping Shops v. Hines, 150 Ga. App. 240, 257 S.E.2d 205 (1979); Grover v. Vintage Credit Corp., 155 Ga. App. 759, 272 S.E.2d 732 (1980); Ward v. Charles D. Hardwick Co., 156 Ga. App. 96, 274 S.E.2d 20 (1980); Steele v. Bank of Dalton, 168 Ga. App. 224, 308 S.E.2d 577 (1983); Smith v. GMAC, 178 Ga. App. 848, 344 S.E.2d 768 (1986); Bledsoe v. Central Ga. Prod. Credit Ass'n, 180 Ga. App. 598, 349 S.E.2d 821 (1986); Johnson v. First Carolina Fin. Corp., 200 Ga. App. 340, 408 S.E.2d 151 (1991); Oduok v. Wedean Props., 319 Ga. App. 785, 738 S.E.2d 626 (2013).   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, §§ 607-614.   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 399, 404.   ALR.    - Right of holder of interest coupons through one who had guaranteed their payment to share with holder of principal obligation in proceeds of mortgage security, 41 A.L.R. 1254.   Replevin or claim-and-delivery: Modern view as to validity of statute or contractual provision authorizing summary repossession of consumer goods sold under retail installment sales contract, 45 A.L.R.3d 1233.