Marshal

H.B. 1203, as enacted, amends subsection (e) of O.C.G.A. § 44-7-55 to provide that:

[I]n the event the sheriff, sheriff deputy, constable, or marshal is unable to execute the writ within 14 days from the landlord's application or request for [the] execution [of the writ of possession], the landlord shall be entitled to utilize the services of an off-duty sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council having authority within the jurisdiction wherein the premises lie to execute such writ at the landlord's sole cost and expense. The sheriff, sheriff deputy, constable, or marshal shall maintain a list of authorized off-duty sheriffs, sheriff deputies, constables, marshals, and other individuals certified by the Georgia Peace Officer Standards and Training Council and make the same available upon request by the landlord. The sheriff, sheriff deputy, constable or marshal shall maintain administrative authority over any persons executing writs under this subsection. The landlord shall provide written notice to the sheriff, sheriff deputy, constable, or marshal of the date and time of the execution of the writ by such off-duty sheriff, sheriff deputy, constable, marshal, or other individuals certified by the Georgia Peace Officer Standards and Training Council at least five calendar days in advance of such execution in order to permit the sheriff, sheriff deputy, constable, or marshal to note the same within their own records.

The Marshal’s Department has adopted policy and procedures to comply with the provisions of H.B. 1203:

It is the policy of the Fulton County Marshal’s Department that—for the purposes of complying with the provisions of H.B. 1203—the 14-day threshold period will be calculated from the date when a judge grants a writ of possession (in a dispossessory proceeding), as evidenced by the judge’s signature.

A landlord or an agent for a landlord who is entitled to utilize the services of an off-duty certified peace officer to execute a writ of possession may assert this right by submitting an Application for Execution of a Writ of Possession in a Dispossessory (Eviction) Proceeding by Off-Duty Peace Officers. The application must be completed and submitted, in person, to the Fulton County Marshal’s Department at 160 Pryor St., S.W., Suite J3-102, Atlanta, Georgia 30303, at least five (5) days in advance of the scheduled execution. The individual submitting the application must display a valid government-issued identification document and allow a member of the Marshal’s Department to copy or scan the identification document. An employee of the Marshal’s Department will provide a copy of the writ of possession to the landlord or agent upon submission of the application. Upon receipt of the writ of the possession by the landlord or agent, the Marshal’s Department relinquishes any executing authority over the writ of possession in the future. The landlord, agent, or executing peace officer will be responsible for making a proper return to the appropriate clerk of court once the writ of possession is executed.

Application for Execution of a Writ of Possession in a Dispossessory (Eviction) Proceeding

 

A certified peace officer who is authorized to execute writs of possession while off-duty and who desires to be included on the list of authorized off-duty certified peace officers maintained by the Marshal of Fulton County may submit an Application for Listing. The application must be submitted, in person, to the Fulton County Marshal’s Department—at 160 Pryor St., S.W., Suite J3-102, Atlanta, Georgia 30303. The peace officer submitting the application must display a valid law enforcement agency identification document and allow a member of the Marshal’s Department to copy or scan the identification document. As required by O.C.G.A. § 16-10-3, the peace officer must also provide a copy of an authorization from his or her employing law enforcement agency showing approval for the peace officer to execute writs of possession off-duty. The list of certified peace officers who are authorized to execute writs of possession while off-duty is a public record. An electronic (PDF) version of the most recent version of the list will be provided to any person, including a landlord, upon request and without cost. A hardcopy (print) version of the most recent version of the list will be provide upon payment of printing costs of $0.10 (10¢) per page.

Off-Duty Law Enforcement Officers Authorized to Execute Writs of Possession in Dispossessory (Eviction) Proceedings

The police department with jurisdiction over the premises where a person commits the offense of unlawful squatting should be notified to take enforcement action under this code section.