Eviction Service and Airplane Evictions Act; enact
Summary
HB270 amends Georgia’s dispossessory/eviction service procedures in Code Section 44-7-51. The bill authorizes service of the summons and affidavit not only by the sheriff, sheriff’s deputy, or county constable, but also by an “approved process server.” It keeps the existing requirement for personal service when possible and preserves the fallback methods when personal service cannot be completed: delivery to a sui juris resident on the premises, or, after reasonable effort, posting the papers on the door and mailing copies by first-class mail to the defendant’s last known address.
The bill is titled the “Eviction Service Act,” and its practical effect is to broaden who may carry out service in eviction cases, which may increase flexibility and speed in getting dispossessory actions before the court. By allowing approved process servers, the bill could reduce reliance on law enforcement for routine service in landlord-tenant cases while leaving the underlying notice and due-process steps intact.
Impact
HB270 changes Georgia landlord-tenant procedure by amending O.C.G.A. § 44-7-51, the statute governing service of summons in dispossessory proceedings. It expands authorized servers to include approved process servers, alongside sheriffs, deputies, and constables, and leaves the existing alternative service methods unchanged. The bill affects landlords, tenants, courts, sheriffs/constables, and private process servers by altering how eviction papers may be delivered and potentially improving service capacity in eviction cases.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislature. It passed the House 172-0 and the Senate 49-0, indicating unanimous approval in both chambers. The absence of committee transcript discussion suggests there was little recorded opposition or debate in the available materials.
Contention
No notable contention is reflected in the available record. Because the bill passed unanimously and there are no committee transcripts, there is no documented disagreement over the use of approved process servers, the existing posting-and-mailing fallback, or the bill’s effect on eviction procedures. Any concerns that might typically arise in this area—such as tenant notice, due process, or the role of private process servers—are not captured in the provided materials.