The Marshal and Sheriff's Role in a Georgia Eviction

The county marshal or sheriff plays a critical role in the Georgia eviction process — both in serving the summons at the start of the case and in executing the writ of possession at the end. Understanding how law enforcement fits into the process helps you plan your timeline and avoid delays.

Two Roles in the Eviction Process

The marshal or sheriff's office is involved at two distinct points in a Georgia dispossessory:

1. Serving the summons — After you file the dispossessory affidavit, the court forwards the summons to the marshal's office for service on the tenant. The marshal attempts to serve the tenant at the property address and reports back to the court when service is complete.

2. Executing the writ of possession — After the court issues the writ of possession, the marshal schedules and oversees the physical set-out — the removal of the tenant and their belongings from the property.

Which Counties Use Marshals vs. Sheriffs?

In Georgia, the terminology varies by county:

• Most counties use the county marshal for dispossessory proceedings
• Some counties use the county sheriff's office
• A few counties use both, depending on the type of case

The practical difference is minimal — both are law enforcement officers authorized to serve process and execute writs. W.D.S. Eviction Service knows which office handles dispossessory proceedings in each of the 28 counties we serve.

Scheduling the Set-Out

Once the writ of possession is issued, you (or your eviction service) must contact the marshal's office to schedule the set-out date. The process:

1. Contact the marshal's office — Call or visit the marshal's office in the county where the property is located
2. Provide the writ — The marshal's office needs a copy of the writ of possession
3. Schedule a date — The marshal will give you an available date for the set-out
4. Confirm your crew — You must have a set-out crew ready for the scheduled date

Set-Out Wait Times by County

Wait times for set-out scheduling vary significantly by county:

• High-volume counties (Fulton, DeKalb, Gwinnett, Cobb, Clayton) often have backlogs of 1–3 weeks
• Smaller counties may schedule within a few days to a week
• Wait times can increase during high-eviction periods

This is one of the most variable parts of the Georgia eviction timeline. W.D.S. Eviction Service contacts the marshal's office immediately after the writ is issued to get the earliest available date.

What Happens on Set-Out Day

On the scheduled set-out date:

1. Marshal arrives at the property — A deputy marshal or sheriff's deputy arrives at the scheduled time
2. Tenant is given a final opportunity to leave — The marshal will knock and give the tenant a brief window to exit voluntarily
3. Tenant is removed — If the tenant refuses to leave, the marshal will physically remove them
4. Belongings are moved outside — The set-out crew moves the tenant's belongings from the unit to the curb or a designated area
5. Landlord takes possession — Once the unit is cleared, the marshal declares the writ executed and you regain possession

You or your representative must be present at the set-out. If no one is there to represent the landlord, the marshal may cancel the set-out and require rescheduling.

What If the Tenant Has Already Left?

If the tenant vacates before the set-out date, notify the marshal's office. In some cases, you can cancel the set-out and take possession immediately. In others, the marshal may still need to formally execute the writ. Check with the specific county's marshal office for their procedure.

W.D.S. Eviction Service coordinates all marshal communication and scheduling as part of our full-service eviction process. Call us at (404) 795-5069.