Georgia § 44-7-74 - Answer; grant of distress warrant on failure to answer; trial; possession pending final outcome.
Full text of Georgia Official Code of Georgia Annotated § 44-7-74 — Answer; grant of distress warrant on failure to answer; trial; possession pending final outcome., with citation guidance and answers to common questions.
§ 44-7-74. Answer; grant of distress warrant on failure to answer; trial; possession pending final outcome.
At or before the time of the hearing, the defendant may answer in writing. The defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed upon the affidavit. The answer may contain any legal or equitable defense or counterclaim. If the tenant fails to answer, the court shall grant a distress warrant; 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 44-7-71 were supported by proper evidence, which verdict shall be in open court or chambers and without the intervention of a jury. 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 shall 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 and his property pending the final outcome of the litigation, provided that he complies with Code Section 44-7-75. (Ga. L. 1920, p. 147, § 1; Code 1933, § 61-406; Code 1933, § 61-404, enacted by Ga. L. 1975, p. 1514, § 2; Ga. L. 1982, p. 3, § 44; Ga. L. 1983, p. 884, § 3-30.1.)
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 44-7-74
What does Official Code of Georgia Annotated § 44-7-74 cover?
Section 44-7-74 ("Answer; grant of distress warrant on failure to answer; trial; possession pending final outcome.") 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 § 44-7-74?
A common citation format is "Official Code of Georgia Annotated § 44-7-74" (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 § 44-7-74 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.