Senate Bill 94

Chair's Name: Wendell Willard

Committee: Judiciary

Senate Sponsor: John Wiles

House Sponsor: Tom Knox

SB 94 makes changes to dispossessory proceedings. Section 1 adds a new code section defining writs of possession. Section 2 allows the court to issue a writ of possession and enter a judgment for the plaintiff without further evidence or hearings if the tenant fails to answer in the proceedings. Section 3 defines nonrefundable fees and excludes these fees from being considered par of the security deposit.

This bill received a Do Pass recommendation from the Judiciary Committee and comes to the House Floor under the Open Rule. 

Chairman Willard�s opinion of this legislation:

WHAT PROBLEM/OPPORTUNITY DOES THIS LEGISLATION ADDRESS?

Currently, certain Georgia courts require a landlord to appear in open court to obtain a default judgment in a dispossessory proceeding.  This drives up legal costs for landlords.  SB94 amends Code Section 44-7-49, relating to default judgments in dispossessory proceedings, by stating that a court shall not hold hearings.

WHAT IS THE DRIVING FORCE BEHIND THIS LEGISLATION?

A request by landlords

THIS LEGISLATION:

• Reduces the Tax Burden on our Citizens:

Will help relieve our court dockets and therefore save our courts expenses.