Georgia § 44-7-53 - When writ of possession issued; trial of issues; possession pending trial.
Full text of Georgia Official Code of Georgia Annotated § 44-7-53 — When writ of possession issued; trial of issues; possession pending trial., with citation guidance and answers to common questions.
§ 44-7-53. When writ of possession issued; trial of issues; possession pending trial.
If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the court shall issue a writ of possession instanter notwithstanding Code Section 9-11-55 or Code Section 9-11-62. The court, without the intervention of a jury, shall not require any further evidence nor hold any hearings 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 44-7-50 were supported by proper evidence. 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 should 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 pending the final outcome of the litigation; provided, however, that, at the time of his answer, the tenant must pay rent into the registry of the court pursuant to Code Section 44-7-54. (Laws 1827, Cobb's 1851 Digest, p. 902; Code 1863, § 3985; Ga. L. 1866, p. 25, § 1; Code 1868, § 4007; Code 1873, § 4079; Code 1882, § 4079; Civil Code 1895, § 4815; Civil Code 1910, § 5387; Code 1933, § 61-303; Ga. L. 1970, p. 968, § 2; Ga. L. 1971, p. 536, § 2; Ga. L. 1976, p. 1372, § 5; Ga. L. 1982, p. 3, § 44; Ga. L. 1982, p. 1134, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1983, p. 884, § 3-28.1; Ga. L. 1994, p. 1150, § 1; Ga. L. 2007, p. 498, § 2/SB 94.) Cross references. - Trial calendar, Uniform State Court Rules, Rule 8.3. Law reviews. - For article, "The Endangered Right of Jury Trials in Dispossessories," see 24 Ga. St. B.J. 126 (1988).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 44-7-53
What does Official Code of Georgia Annotated § 44-7-53 cover?
Section 44-7-53 ("When writ of possession issued; trial of issues; possession pending trial.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 44-7-53?
A common citation format is "Official Code of Georgia Annotated § 44-7-53" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 44-7-53 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.