Georgia HB 492: Property; dispossessory proceedings; require applications for execution of a writ of possession be made within 30 days of issuance of the writ unless good cause is shown

Bill Text

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H. B. 492
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House Bill 492 (AS PASSED HOUSE AND SENATE)
By: Representatives Rich of the 97
th, Moore of the 95
th, Wilson of the 80
th, and Fleming of
the 121
st
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated,1
relating to dispossessory proceedings, so as to require applications for execution of a writ of2
possession be made within 30 days of the issuance of the writ unless good cause is shown;3
to provide for a penalty; to provide for related matters; to repeal conflicting laws; and for4
other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to8
dispossessory proceedings, is amended by revising Code Section 44-7-49, relating to "writ9
of possession" defined, as follows:10
"44-7-49.11
As used in this article, the term 'writ of possession':12
(1) 'Application for execution of a writ of possession' means the request or application13
for a sheriff, constable, or marshal to execute a writ of possession which was issued14
pursuant to this article.15
(2) 'Writ of possession' means a writ issued to recover the possession of land or other16
property and such writ shall not contain restrictions, responsibilities, or conditions upon17
the landlord in order to be placed in full possession of the land or other property."18
SECTION 2.19
Said article is further amended in Code Section 44-7-55, relating to judgment, writ of20
possession, landlord's liability for wrongful conduct, distribution of funds paid into court, and21
personal property, by adding new subsections to read as follows:22
"(d) Subject to subsection (a) of this Code section and Code Section 44-7-59, applications23
for execution of a writ of possession shall be made within 30 days of issuance of the writ24
of possession unless such application for said writ is accompanied by an affidavit showing25

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good cause for the delay in applying for execution of the writ. The failure to execute a writ26
in conformity with this Code section shall require the applicant to apply for a new writ.27
(e) Nothing in this Code section shall require a sheriff, constable, or marshal to execute28
a writ of possession within 30 days from the issuance of any order granting a writ of29
possession, or the issuance, application, or request for the execution of the writ of30
possession."31
SECTION 3.32
All laws and parts of laws in conflict with this Act are repealed.33