Cal. Civ. Code § 44-7-49
Definitions.
Operative Text
As used in this article, the term: (1) “Application for execution of a writ of possession” means the request or application for a sheriff, constable, or marshal to execute a writ of possession which was issued pursuant to this article. (2) “Writ of possession” means a writ issued to recover the possession of land or other property and such writ shall not contain restrictions, responsibilities, or conditions upon the landlord in order to be placed in full possession of the land or other property.
O.C.G.A. § 44-7-49 establishes two key definitions used throughout Georgia's dispossessory article. A 'writ of possession' is a court-issued order directing that possession of real property be returned to the landlord, and under this provision such a writ cannot impose additional conditions, restrictions, or responsibilities on the landlord as a prerequisite to regaining full possession. An 'application for execution of a writ of possession' is the formal request made to a sheriff, constable, or marshal to carry out that court order. These definitions set the foundational vocabulary for how eviction-related writs operate under Georgia law.
Plain English — not legal advice.
Under O.C.G.A. § 44-7-49, once a writ of possession is issued through the dispossessory process, a compliant operator submits an application for execution to the appropriate law enforcement officer—sheriff, constable, or marshal—to have the writ carried out. Operators generally understand that the writ itself cannot be encumbered with additional landlord obligations before full possession is restored, which is a protection built into the statutory definition. Familiarity with these defined terms helps property managers navigate the dispossessory process accurately and avoid procedural missteps.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-49 defines the legal instruments that can ultimately result in a tenant being removed from a property, specifically the writ of possession and the application for its execution by a law enforcement officer. Tenants facing a dispossessory action may find it useful to understand that these definitions govern the scope and limits of what a writ of possession can require, since the statute explicitly bars the writ from placing conditions on the landlord. Tenants who believe a writ or related process has been misapplied may wish to consult a tenant-rights organization or legal aid provider familiar with Georgia's dispossessory statutes for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.