Cal. Civ. Code § 44-7-72
Issuance of summons; service on defendant; time for hearing.
Operative Text
When the affidavit provided for in Code Section 44-7-71 is made, the judge of the superior court, the state court, the civil court, or the magistrate court before whom it was made shall grant and issue a summons to the marshal or the sheriff or his deputy of the county where the tenant resides or where his property may be found. A copy of the summons and the affidavit shall be personally served upon the defendant. If an officer is unable to serve the defendant personally, service may be given by delivering the summons and affidavit to any person who is sui juris residing on the premises. The summons served on the defendant pursuant to this Code section shall command and require the tenant to appear at a hearing on a day certain not less than five nor more than seven days from the date of actual service.
Under O.C.G.A. § 44-7-72, once the required affidavit from § 44-7-71 is filed, a court — whether superior, state, civil, or magistrate — must issue a summons directed to the county marshal or sheriff. That summons and a copy of the affidavit must be personally delivered to the tenant, or, if personal service is not possible, left with any legally competent adult residing on the premises. The summons must set a hearing date that falls no fewer than five and no more than seven days after the date the tenant was actually served.
Plain English — not legal advice.
Operators initiating a distress warrant proceeding under O.C.G.A. § 44-7-72 generally ensure that the affidavit required by § 44-7-71 is properly filed so the court can issue the summons without delay. A compliant operator understands that service is handled by the marshal or sheriff — not the landlord — and that the hearing will be scheduled within the narrow five-to-seven-day window measured from the date of actual service. Keeping accurate records of when and how service was completed helps operators track the hearing timeline and respond to any service-related disputes.
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. § 44-7-72, a tenant subject to this process has the right to receive a copy of both the summons and the underlying affidavit, either personally or through a competent adult resident at the premises. The summons must specify a hearing date that is at least five days — but no more than seven days — after actual service, giving the tenant a defined window to prepare. Tenants who believe service was improper or that the hearing date falls outside the required timeframe may raise those issues at the hearing, and consulting a tenant-rights organization familiar with Georgia landlord-tenant law can help clarify available options.
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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