After you file the dispossessory affidavit with the Magistrate Court, the court issues a summons — a legal document notifying the tenant that a dispossessory has been filed against them and that they have 7 days to respond. How that summons gets served, and what happens if service fails, directly affects your timeline.
Who Serves the Summons?
In Georgia, the summons in a dispossessory proceeding is served by the county marshal or sheriff's office — not by the landlord. After you file the affidavit, the court forwards the summons to the marshal's office, which then attempts to serve the tenant at the property address.
You do not need to arrange service yourself. The court handles this as part of the filing process.
Methods of Service
The marshal or sheriff will attempt service using one of the following methods:
Personal service — The marshal delivers the summons directly to the tenant. This is the preferred method and starts the 7-day answer clock immediately.
Leaving with a resident — If the tenant is not home, the marshal may leave the summons with any adult residing at the property.
Tack and mail — If no one is available at the property, the marshal posts the summons on the door and mails a copy to the tenant's address. The 7-day answer period begins from the date of posting.
How Long Does Service Take?
Service timing varies by county:
- High-volume counties (Fulton, DeKalb, Gwinnett, Cobb) typically complete service within 3–7 days of filing
- Smaller counties may move faster or have less predictable scheduling
- If the tenant is difficult to locate or avoids service, the process can take longer
What If the Tenant Can't Be Served?
If the marshal is unable to serve the tenant after reasonable attempts, the court may allow service by publication — a legal notice published in a local newspaper. This is rare in dispossessory cases but does occur when a tenant has vacated without notice and left no forwarding address.
If you believe the tenant has already left the property, notify the court when you file. This can affect how the case proceeds.
The 7-Day Answer Window Starts at Service
Once the summons is served, the tenant has 7 calendar days to file a written answer with the Magistrate Court contesting the dispossessory. This window begins on the date of service — not the date you filed.
Two outcomes:
- Tenant does not answer — After 7 days with no answer, you can request a default judgment. The court typically rules in your favor without a hearing.
- Tenant files an answer — The case is set for a hearing before a Magistrate Court judge. Depending on the court's docket, this is typically scheduled 7–21 days out.
Tracking Your Case
Most Georgia Magistrate Courts allow you to check case status online or by calling the clerk's office. W.D.S. Eviction Service monitors case status for every filing we handle — we track service confirmation and notify you as soon as the answer window opens so you can move quickly when the time comes.
Call us at (404) 795-5069 to discuss your case.
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