Cal. Civ. Code § 44-7-55
Judgment; issuance and execution of possession; landlord’s liability for wrongful conduct; distribution of funds paid into court registry; removal of personal property.
Operative Text
(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of seven days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56. (b) If the judgment is for the tenant, he shall be entitled to remain in the premises and the landlord shall be liable for all foreseeable damages shown to have been caused by his wrongful conduct. Any funds remaining in the registry of the court shall be distributed to the parties in accordance with the judgment of the court. (c) Any writ of possession issued pursuant to this article shall authorize the removal of the tenant or his or her personal property or both from the premises and permit the placement of such personal property on some portion of the landlord’s property or on other property as may be designated by the landlord and as may be approved by the executing officer; provided, however, that the landlord shall not be a bailee of such personal property and shall owe no duty to the tenant regarding such personal property. After execution of the writ, such property shall be regarded as abandoned. (d) Subject to subsection (a) of this Code section and Code Section 44-7-59, applications for execution of a writ of possession shall be made within 30 days of issuance of the writ of possession unless such application for said writ is accompanied by an affidavit showing good cause for the delay in applying for execution of the writ. The failure to execute a writ in conformity with this Code section shall require the applicant to apply for a new writ. (e) Nothing in this Code section shall require a sheriff, constable, or marshal to execute a writ of possession within 30 days from the issuance of any order granting a writ of possession, or the issuance, application, or request for the execution of the writ of possession; provided, however, that, in the event the sheriff, deputy sheriff, constable, or marshal is unable to execute the writ within 14 days from the landlord’s application or request for such execution, the landlord shall be entitled to utilize the services of an off-duty sheriff, deputy sheriff, 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, deputy sheriff, constable, or marshal shall maintain a list of authorized off-duty sheriffs, deputy sheriffs, 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, deputy sheriff, constable, or marshal shall maintain administrative authority over any persons executing writs under this subsection. The landlord shall provide written notice to the sheriff, deputy sheriff, constable, or marshal of the date and time of the execution of the writ by such off-duty sheriff, deputy sheriff, constable, marshal, or other individual 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, deputy sheriff, constable, or marshal to note the same within his or her own records.
Under O.C.G.A. § 44-7-55, when a dispossessory case goes to trial in Georgia, the outcome determines what happens next for both parties. If the court rules against the tenant, a writ of possession is issued that becomes effective seven days after judgment, and the tenant may owe back rent and related damages. If the court rules in the tenant's favor, the tenant has the right to remain in the unit and the landlord may be held liable for all foreseeable damages caused by wrongful conduct. The provision also governs how personal property is handled after a writ is executed, sets a 30-day window for applying to execute the writ, and allows landlords to use certified off-duty officers if the primary executing officer cannot act within 14 days.
Plain English — not legal advice.
Under O.C.G.A. § 44-7-55, compliant operators are aware that a writ of possession does not take effect immediately — there is a mandatory seven-day waiting period after judgment before it becomes enforceable. Landlords generally track the 30-day deadline for applying to execute the writ and, if that window cannot be met, prepare an affidavit demonstrating good cause for the delay. When the assigned officer cannot execute the writ within 14 days of the landlord's application, operators may arrange for a certified off-duty officer at their own expense, providing the required written notice at least five calendar days in advance. After execution, personal property left on the premises is treated as abandoned under this section, and the landlord bears no bailee duty over it.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-55 provides important protections if a dispossessory case is decided in a tenant's favor — the tenant is entitled to remain in the rental unit, and the landlord can be held liable for all foreseeable damages resulting from wrongful conduct. Funds held in the court registry are distributed according to the court's judgment, which may benefit the tenant depending on the outcome. Tenants who believe a writ of possession was improperly issued or executed under this section may have grounds to raise that issue in court proceedings, and consulting a tenant-rights organization or legal aid provider can help clarify what options are generally available in such situations.
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.
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