DocketNumber: 62576
Citation Numbers: 160 Ga. App. 142
Judges: Banke
Filed Date: 10/22/1981
Status: Precedential
Modified Date: 1/12/2023
The plaintiff in this dispossessory action obtained a writ of possession by default, following the defendant’s failure to answer within the time provided by law. The defendant filed a motion to set aside this judgment on the ground that she had not been properly served. Following an evidentiary hearing, the trial court granted the motion, and the plaintiff appeals.
The purported service was by tacking. The defendant testified that she had never received a copy of the summons and affidavit, although she had received by mail the service copy of another dispossessory action against another tenant in the apartment complex. She stated that she had promptly reported this mistake to the manager of the complex and had returned the papers to her. Held:
Code Ann. § 61-302 (a) (as amended through Ga. L. 1978, pp. 938,939) provides in pertinent part as follows: “If the sheriff is unable to serve the defendant personally, service may be had by delivering said summons and affidavit to any person sui juris residing on the premises or, after reasonable effort if no such person is found residing on the premises, by tacking a copy of said summons and affidavit on the door of the premises and on the same day of such tacking,
Judgment affirmed.