Detailed Answer

When all defendants in a Georgia partition action have been served and the answer period under O.C.G.A. § 9-11-12 (30 days) has expired, you may proceed to schedule a hearing. Below are the typical steps under Georgia law.

Step 1: Confirm Service and Default Status

Ensure each defendant was properly served under O.C.G.A. § 9-11-4 and that no answer or responsive pleading was timely filed. If a party fails to respond, you may obtain a default under the Georgia Civil Practice Act.

Step 2: File a Motion or Application to Set Hearing and Appoint Commissioner

Under O.C.G.A. § 44-6-161, the court must appoint a commissioner to value, divide, or sell the property. Prepare and file one of the following:

Motion for Default Judgment: Requests entry of default against non-responsive defendants under O.C.G.A. § 9-11-55.
Application to Appoint Commissioner and Set Hearing: Asks the court to appoint a commissioner and schedule a partition hearing. Cite O.C.G.A. § 44-6-161 and § 9-11-77 (partition procedure).

Step 3: Prepare and Serve a Notice of Hearing

After filing your motion or application, draft a Notice of Hearing stating:

Date, time, and location of the hearing.
The relief requested (e.g., appointment of commissioner, partition sale).
Legal basis (cite O.C.G.A. § 44-6-161).

File the notice with the clerk at least the number of days required by your county’s local rules (often 7–10 days before the hearing). Serve a copy on all parties or their counsel by certified mail or other method approved under O.C.G.A. § 9-11-5, and file proof of service.

Step 4: Attend the Hearing and Obtain the Order

At the hearing, present evidence of service, the proposed partition plan or request for sale, and any valuations. If the court grants your request, it will issue an order:

Appointing a commissioner.
Setting terms for division or sale.
Directing any further notices to interested parties.

Once entered, the order initiates the commissioner’s work. Any subsequent sale or division follows O.C.G.A. § 44-6-162 (partition sale procedures).

Helpful Hints

Review your county’s Superior Court local rules for hearing notice deadlines and filing requirements.
Include a proposed order with your motion to streamline the judge’s review.
Confirm hearing availability with the clerk before setting dates in your notice.
Maintain detailed proof of service on all parties to avoid delays.
Consider alternative dispute resolution if co-owners object to a sale.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.