Signed in April of 2024, HB 1203 permits authorized off-duty personnel to oversee set-outs under certain parameters. Each County’s Marshal/Sheriff’s office is required to create protocols for these personnel and to maintain a “list” of authorized individuals permitted to oversee these set-outs.
In both Fulton and Cobb counties, a Landlord is permitted to utilize an off-duty peace officer to oversee a set out under the following circumstances:
- The Marshal/Sheriff is unable to execute the writ within 14 days from the landlord’s application or request for the execution of the writ (ie: when the judge signs and the clerk files the writ).
- The Landlord must coordinate with the approved off-duty personnel.
- The Landlord must submit to the Fulton/Cobb County Marshal/Sheriff’s Office an “Application for Execution of a Writ of Possession in a Dispossessory Proceeding by Off-Duty Peace Officers.”
- The application must be completed and submitted, in person, to the Fulton/Cobb County Marshal/Sheriff’s Department at least 5 days in advance of the scheduled eviction.
- The person submitting the application must have a valid government-issued ID and permit the Marshal/Sheriff’s Department to make a copy of the ID.
- Once this document is submitted, the Marshal/Sheriff’s Department will no longer have any responsibility for executing the writ.
- At least 2 off-duty personnel will be required to oversee any set out in Fulton County.
This information can also be viewed at:
Fulton County: https://www.fultoncountyga.gov/inside-fulton-county/fulton-county-departments/marshal
Cobb County:https://www.cobbsheriff.org/sections/civil-service
Should you have any questions related to submitting the Application for Execution of Writ or need a copy of the list of authorized off-duty personnel, please do not hesitate to contact us!