Cal. Civ. Code § 44-7-74
Answer; grant of distress warrant on failure to answer; trial; possession pending final outcome.
Operative Text
(a) At or before the time of the hearing, the defendant may answer in writing. The defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed upon the affidavit. The answer may contain any legal or equitable defense or counterclaim. (b) If the tenant fails to answer, the court shall grant a distress warrant; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due as if every item and paragraph of the affidavit provided for in Code Section 44-7-71 were supported by proper evidence, which verdict shall be in open court or chambers and without the intervention of a jury. (c) If the tenant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort shall be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises and his property pending the final outcome of the litigation, provided that he complies with Code Section 44-7-75.
Under O.C.G.A. § 44-7-74, when a landlord files a distress warrant action, the tenant has the right to respond—either in writing before the hearing or orally at the hearing itself—and may raise any legal or equitable defense or counterclaim. If the tenant does not respond, the court is required to grant the distress warrant and enter a default judgment for all rent claimed. If the tenant does respond, the case proceeds to trial under standard civil or magistrate court procedures, and the tenant is generally permitted to remain in possession of the property while the case is pending, subject to compliance with the related payment requirements of § 44-7-75.
Plain English — not legal advice.
Under O.C.G.A. § 44-7-74, landlords who have filed a distress warrant action should be aware that a tenant's failure to answer at or before the hearing typically results in a default judgment for all rents claimed in the affidavit, without a jury. When a tenant does answer, compliant operators prepare for a formal trial on the merits conducted under civil or magistrate court procedures, understanding that the tenant may remain in possession during the litigation. Operators generally keep thorough documentation of all rent owed and communications with the tenant to support the affidavit filed under § 44-7-71.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-74 gives tenants the right to respond to a distress warrant action either in writing before the hearing or orally at the hearing itself, and that response may include any legal or equitable defense or counterclaim. Tenants who answer are generally entitled to remain in possession of the property while the case is resolved, as long as they comply with the requirements set out in § 44-7-75. Tenants facing a distress warrant proceeding may wish to contact a local tenant-rights organization or legal aid office to understand the full range of defenses and procedural options available to them.
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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