How a Dispossessory (Eviction) Is Served in Georgia

01O.C.G.A. § 44-7-50

Before the Summons: Demand, Notice and Affidavit

A Georgia eviction starts before anything is filed. The landlord demands possession, and if the tenant refuses, the owner or an agent or attorney makes a sworn affidavit before a superior or state court judge or clerk, a magistrate in the district where the land lies, or a notary public. For nonpayment under residential leases entered into or renewed on or after July 1, 2024, the owner generally must first give a written notice to pay or vacate within three business days covering all past-due amounts. Our landlord dispossessory service page summarizes what DFS can and cannot do.

Subsection (d) adds a delivery rule for that demand or notice: it must be posted in a sealed envelope conspicuously on the door, plus any other method the rental agreement allows. Justia shows the current version of § 44-7-50 as effective until January 1, 2027, with a later version scheduled, so landlords should have counsel confirm which text governs their filing date. Rental markets in Jonesboro, Riverdale and Forest Park keep our Clayton County process servers familiar with how local courts expect the affidavit to read.

• Demand possession first
• Three-business-day notice for nonpayment
• Sealed envelope posted on the door
• Sworn affidavit before a judge, clerk, magistrate or notary

02HB 270 (2025)

What Changed When HB 270 Took Effect

Until mid-2025, the dispossessory statute directed the summons to the sheriff, a deputy or a county constable. HB 270, signed May 14, 2025 and effective July 1, 2025, amended § 44-7-51(a) to add an approved process server. The enrolled bill calls itself the Eviction Service Act, and it passed the House 172 to 0 and the Senate 49 to 0. It was a clear signal that the legislature wanted another option, and our explainer on Georgia server categories shows how it fits the broader rules.

What the bill does not do is define an approved process server or say who approves one. It does not mention the certified process server program or court-appointed permanent servers. That gap is why one Georgia dispossessory summons can be served by a private server in one county and only by the sheriff in the next. DFS never assumes. We confirm with the magistrate court whether it accepts an approved process server before taking a dispossessory, and if it does not, we tell the landlord so the papers can go to the sheriff. Ask DFS about your county before you file.

03Magistrate courts

How Metro and Mountain Counties Handle Service Today

Court practice varies widely. The Gwinnett County Magistrate Court says dispossessory service is ordinarily done by the Sheriff, with the clerk forwarding the service fee and the Sheriff's Civil Process Section making delivery. Clayton's Magistrate Court uses the Court's designated process server, under a dispossessory standing order, for tack-and-mail service at $25 per case. Those two neighboring courts show why our Gwinnett process service team checks the filing court before quoting any dispossessory work.

Further out, the pattern holds. A Pickens County dispossessory form posted in September 2026 directs the summons to the Sheriff of Pickens County or lawful deputies and has the filer choose the Sheriff's personal or tack-and-mail service, with a $110 filing fee and $50 for each additional person. Fulton's magistrate landlord pamphlet lists the delivery methods, and its Marshal's Department schedules the eviction itself. Our Fulton County service of process and South Fulton process servers work alongside those systems, never in place of them.

04§ 44-7-51 methods

Personal Delivery, a Resident on the Premises, or Tack and Mail

The statute sets a sequence. First comes personal service of the summons and affidavit on the tenant. When the tenant cannot be reached, the next option is handing them to a sui juris adult, in other words someone legally competent, who lives at the premises. If no such person is found after reasonable effort, the server may post the papers on the door and, on the same day, mail a copy by first-class mail to the tenant's last known address, noting both on the affidavit. Apartment communities near Stonecrest and Lithonia, covered by our Stonecrest process service, test each step of that sequence.

The method chosen affects the outcome. After tack-and-mail service, the court may award possession, but a default judgment for money owed may not be entered unless the tenant files an answer or otherwise appears. Landlords who need a money judgment as well as the unit back should talk with counsel about that limit before filing. Our DeKalb County process servers and Brookhaven service coverage describe each attempt and the final method on the return so the court can see exactly how the summons reached the household.

• Personal service on the tenant
• Delivery to a competent adult residing there
• Post on the door and mail first class the same day
• No money default after tack-and-mail alone

05Seven days

The Tenant's Answer and the Magistrate Court Hearing

The tenant generally must answer within seven days from the date of actual service. If the seventh day falls on a weekend or legal holiday, the answer is due the next business day, and an oral answer is allowed. The summons itself must state the last day to answer, which is one reason the service date on the return must be precise. That seven-day clock is far shorter than the 30 days allowed in most civil claims, as our magistrate court claims service page notes.

Dispossessory proceedings belong to the magistrate court under § 15-10-2(a)(6), and the statute sets no dollar cap for them, unlike the $15,000 limit on ordinary civil claims. HB 1017, effective April 24, 2024, also added squatter and intruder proceedings to the magistrate court's jurisdiction. Landlords with properties in McDonough, Stockbridge or Locust Grove can reach our Henry County process servers, and those in Covington our Newton County service team, for related civil papers once the court's practice is clear.

06After judgment

Writs of Possession Are Not Process Server Work

Winning a dispossessory does not end the process. If the court rules for the landlord, a writ of possession issues, and in practice the writ is carried out by the marshal or sheriff. Fulton's pamphlet lists a $20 writ fee, gives the tenant seven days to vacate once a writ issues, and says a writ signed more than 60 days earlier must be refiled. Cobb's Sheriff's Civil Section executes writs at $25 per person on the judgment. Our Marietta-area servers can deliver related civil papers, but never the writ itself.

Cobb's page also notes that under HB 1203, if the Sheriff cannot execute a writ within 14 days of the landlord's request, the landlord may hire an off-duty sheriff, deputy, constable, marshal or POST-certified person. That is a law enforcement role. Delator Field Services does not carry out evictions, set-outs or writs of possession anywhere in Georgia, and no DFS page should be read as offering them. Landlords in the west metro can still use our Douglasville process servers for permitted civil delivery.

07Our role

What DFS Can Deliver for Georgia Landlords

Where a magistrate court confirms that it accepts an approved process server, DFS can quote the dispossessory itself. Everywhere, we can serve related civil papers: a separate magistrate claim for unpaid rent or damages, witness subpoenas for the hearing, and post-judgment garnishment notices. Each assignment begins with a written quote, and Routine service has a published starting rate of $125 in Fulton, DeKalb, Cobb, Gwinnett and Clayton. The county service rate map shows every other county.

Each DFS assignment ends with a signed affidavit built from dated, time-stamped attempt logs. For a landlord, that record is what shows the court how and when papers reached the unit. Landlord counsel handling buildings in several counties can coordinate through our intake for Georgia law firms, and subpoenas for maintenance staff or neighbors who saw the damage can go through our hearing subpoena service. The answer we give will always be honest: if the court will not accept us, we say so.

Services

Landlord Papers DFS Can Help With

• Dispossessory, where acceptedWe quote a dispossessory summons only after the filing magistrate court confirms that it accepts an approved process server for that county.Learn more
• Unpaid rent claimsSeparate magistrate court statements of claim for rent or damages, served within the county or by second original in another county.Learn more
• Hearing subpoenasSubpoenas for witnesses at a dispossessory hearing, delivered with the daily fee and mileage tendered when the witness lives outside the county.Learn more
• Corporate tenantsCommercial tenants served through a registered agent, officer or managing agent, with the person accepting the papers named on the return.Learn more
• Hard-to-reach tenantsAttempts at varied hours for related civil papers when a former tenant is rarely home, with each visit dated for counsel.Learn more
• Out-of-state ownersLandlords who live outside Georgia can coordinate service of related civil papers through one contact, with written quotes before each job.Learn more
• Rush timingUrgent, Rush and Same Day Rush tiers at 1.5, 2 and 3 times Routine when a hearing date leaves little time.Learn more
• Atlanta-area filingsFulton, DeKalb, Cobb, Gwinnett and Clayton each route dispossessories differently, so we confirm the filing court's practice before quoting any work.Learn more
• Coastal rentalsSavannah and Chatham County landlords can send related civil papers for delivery, with the same written quote and signed affidavit.Learn more

How it works

How DFS Handles a Landlord Request

1. 01

   Name the court

   Tell us the county, the magistrate court and whether the papers are a dispossessory or a related civil filing, so we can check the right rule.

2. 02

   Confirm acceptance

   For a dispossessory, we ask the court whether it accepts an approved process server; if not, we tell you so the sheriff can serve it.

3. 03

   Quote in writing

   You receive the service tier, the published starting rate for that county and the final price in writing before any attempt is made at the property.

4. 04

   Serve and document

   Attempts are logged with dates and times, and the signed affidavit records the method used, which matters because the tenant's seven-day answer clock runs from service.

Compare

Georgia Dispossessory Steps at a Glance

Statewide coverage

Dispossessory Practice Varies by County

Because each magistrate court sets its own routine, landlords should never assume one county's process carries over to the next. Middle Georgia rental markets follow the Macon-Bibb and Houston County courts, which our Warner Robins process servers know well. University rentals near UGA run through Athens-Clarke, covered by our Athens service of process. In the Augusta area, our Augusta process servers handle related filings, and south Georgia landlords can use our Albany process service. Every request starts with the same question: what does this court accept?

• Atlanta
• South Fulton
• Stonecrest
• Lawrenceville
• Savannah
• Warner Robins
• All of Georgia

FAQ

Frequently asked questions

Service areas

Process servers across Georgia