Georgia House Bill 1203, in plain language.
HB 1203 took effect on April 24, 2024. It authorizes a parallel mechanism for executing writs of possession in Fulton County — and our service is limited to writs within the city limits of South Fulton — using off-duty POST-certified peace officers when the Marshal's Department's docket cannot timely accommodate the writ.
What the law does
HB 1203 permits a landlord, the landlord's authorized agent, or counsel of record to retain off-duty peace officers — certified by the Georgia Peace Officer Standards and Training (POST) Council — to oversee the execution of a writ of possession issued by a court in Fulton County, Georgia. The peace officer must have jurisdiction where the address is located.
Officers act under the authority of their employing agency pursuant to O.C.G.A. § 44-7-55 and remain subject to all rules governing their conduct as sworn law enforcement.
When it took effect
The bill was signed and became effective April 24, 2024. It applies to writs of possession issued in Fulton County on or after that date, subject to the procedural thresholds described below.
The 14-day threshold
An off-duty officer set-out under HB 1203 may be scheduled once fourteen (14) days have elapsed from the date a judge signs the writ of possession and the writ remains unexecuted. This threshold is jurisdictional — set-outs scheduled before the threshold runs are not authorized.
The 5-day Marshal application
No fewer than five (5) days before the proposed set-out date, an application identifying the officers, the property, and the underlying writ must be submitted to the Fulton County Marshal's Department. We will provide you guidance on how to submit this application as part of every engagement.
Minimum two officers on site
At least two (2) off-duty POST-certified peace officers must oversee any set-out conducted under HB 1203. We staff every set-out to comply with this requirement, and frequently exceed it on larger or higher-risk properties.
What HB 1203 does not change
HB 1203 does not alter the underlying dispossessory process, the tenant's substantive rights, the standards by which a writ of possession is issued, or the role of the Marshal's Department as a permissible executor of the writ. It supplements — it does not replace — the existing system.
The information on this page is provided for general educational purposes only and does not constitute legal advice. South Fulton Eviction Services is not a law firm and does not represent clients in dispossessory proceedings. Property owners and managers should consult qualified Georgia counsel regarding the specifics of any eviction matter.