Cal. Civ. Code § 44-7-51
Issuance of summons; service; time for answer; defenses and counterclaims.
Operative Text
(a) When the affidavit provided for in Code Section 44-7-50 is made, the judge of the superior court, the state court, or any other court with jurisdiction over the subject matter or the judge, clerk, or deputy clerk of the magistrate court shall grant and issue a summons to the sheriff or his or her deputy, any lawful constable of the county where the land is located, or an approved process server. A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff, constable, or approved process server is unable to serve the defendant personally, service may be had by delivering the summons and the affidavit to any person who is sui juris residing on the premises or, if after reasonable effort no such person is found residing on the premises, by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the affidavit to the defendant at his or her last known address, if any, and making an entry of this action on the affidavit filed in the case. (b) The summons served on the defendant pursuant to subsection (a) of this Code section shall command and require the tenant 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. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense or counterclaim. The landlord need not appear on the date of the tenant’s response. The last possible date to answer shall be stated on the summons. (c) If service is by posting a copy of the summons and the affidavit on the door of the premises and mailing a copy of the summons and the affidavit to the defendant, as provided in subsection (a) of this Code section, the court shall have jurisdiction to enter a default judgment for possession of the premises in the absence of an answer being filed, but in such instance a default judgment for money owed may not be entered unless the defendant files an answer or otherwise makes an appearance in the case.
O.C.G.A. § 44-7-51 governs how a dispossessory (eviction) summons is issued and served in Georgia. Once the required affidavit under § 44-7-50 is filed, a court issues a summons that must be personally delivered to the tenant; if personal service fails, substitute service by posting on the premises and mailing to the tenant's last known address is permitted. The tenant then has seven days from actual service to respond—orally or in writing—and may raise any legal or equitable defense or counterclaim in that response. When service is accomplished only by posting and mailing, a court may enter a default judgment for possession if no answer is filed, but cannot enter a money judgment unless the tenant appears or answers.
Plain English — not legal advice.
Property owners and managers initiating a dispossessory action under O.C.G.A. § 44-7-51 generally ensure that the summons and affidavit are properly served through the sheriff, constable, or an approved process server, and that all service attempts and methods are accurately documented in the case file. Operators familiar with this provision understand that substitute service—posting on the door and mailing—is only available after reasonable efforts at personal service have been exhausted, and that this method limits the court's ability to enter a money judgment if the tenant does not respond. Landlords do not need to appear on the date the tenant's answer is due, but should be aware of the seven-day answer window so they can track case timelines accurately.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under O.C.G.A. § 44-7-51, tenants served with a dispossessory summons have seven days from the date of actual service to respond, and that response can be made orally or in writing directly to the court. Importantly, the answer may include any legal or equitable defense or counterclaim—meaning tenants are not limited to simply contesting the eviction but may also raise issues such as habitability, retaliation, or money owed to them. Tenants who believe service was improper, or who want to understand their full range of defenses under this provision, may benefit from contacting a local tenant-rights organization or legal aid office for general information about the process.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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