Georgia Legal Notices Defined
Georgia law defines a "legal advertisement" as "a public notice or advertisement that the publisher makes under authority or mandate of law in this state concerning a legal subject or matter." O.C.G.A. §9-12-40(4). Legal notices in Georgia allow and require some matters to be published in newspapers, generally within the relevant legal jurisdiction(s). The purpose of legal notices is to give any interested parties the opportunity to object or to take part in the legal process, such as the enforcement of liens or condemnation proceedings .
This type of notice applies to any proceeding before any court or any board, department, office, commission, authority, agency, or body in the state. This includes legal notices for tax sales, summons of garnishment, adoption, termination of parental rights, name changes, surface mining permits, and automobile, truck, furniture, and other liens, to name only a few. In declarations of takings under Georgia eminent domain law, property owners are given a short time frame (generally 30 days) to file objections to the Declaration of Taking with the courts. However, generally, legal notices may last for days, weeks, or even longer, depending on procedural requirements.
Different Types of Georgia Legal Notices
Georgia issues a wide array of legal notices, covering everything from the sale of real or personal property to statutory court announcements. For example, pursuant to O.C.G.A. § 9-13-140, notices of a public sale must be published four times prior to the date of the foreclosure pursuant to the statute. Such notices must contain the names of all parties, the book and page numbers of the security deed, the date of the security deed, and the date set for a foreclosure sale. There are additional requirements, and parties looking to foreclose on a deed are encouraged to work with their attorneys to ensure the notices have the proper, required content.
Filing a foreclosure notice is one of the few exceptions to the general rule that legal notices must be published in a newspaper. Specifically, O.C.G.A. § 9-13-142(e) exempts foreclosure notices from the previous requirement that notice be published once a week for four weeks in the same newspaper that has general circulation. Instead, foreclosure notices can be published online. If an online publication is chosen, O.C.G.A. § 9-13-142(i) requires the notice to be immediately printed once it is posted online. Public sales pursuant to court order can also be published online, but there is no statute governing the publication process.
Probate notices are also a common type of notification required by law. To start a probate proceeding, a petition must be filed, and the executor or administrator must notify the heirs, beneficiaries, and other interested parties of the probate petition. This is valid if done by mail or publication. In addition to providing those parties on a list of interested parties with notice, O.C.G.A. § 53-3-2 requires notice to be published in the legal organ of the county where the estate is being probated, though there are exceptions. Examples of situations in which probate notices are not required include if the person named in the will as executor is appointed by the will, if the petition seeks to admit a document to be probated as a copy of a previously existing document, and if the deceased died leaving no property subject to the jurisdiction of the probate court.
In addition to the previously mentioned notices, there are multiple other legal notices. Child support and welfare notices are one such example. Federal law requires states to send out notices to both parents in an action for child support. States must provide notice of the action to both the custodial and non-custodial parent by certified mail. In Georgia, the Georgia Department of Human Services must send out all notices.
How to Post Legal Notices in Georgia
Georgia law requires legal notices to be published in an approved location or channels. Georgia law also identifies the specific content or substance required for such notices. Notices should be on display for 30 days prior to a public hearing and 14 days prior any court of administrative action. The five basic components of a legal notice include: • Nature of the legal proceeding; • General and specific details of the request or action; • Location of the public hearing; • Date and time of the public hearing; and • Identification of involved parties. Georgia state law gives the State Department of Administrative Services the authority to pre-qualify media outlets for general notices and advertising. Compliance with local ordinances or requirements is necessary and should not be overlooked. While every local government or harmony may take liberty to create unique requirements, Georgia state law will control in the event of conflict. Your source of legal advice regarding Georgia state laws should be consulted before taking definitive action in reliance on these general guidelines.
Legal Actions for Ignoring Georgia Legal Notices
Failure to comply with legal notices in Georgia can lead to serious and sometimes expensive legal ramifications. The circumstances surrounding the legal notice, and how it is ignored, will determine the types of consequences a party might face.
A few common law actions that can be pursued in response to violated Georgia legal notices are malicious prosecution and abuse of process.
Malicious prosecution is often difficult to prove for three reasons. First, the burden of proof falls on the party claiming malicious prosecution after the notification was sent or published. Second, it can be difficult to determine the intent of the original party responsible for the Georgia legal notices. Third, there are no damages to support a claim unless damages were awarded on the original action.
Abuse of process strongly relates to an original contract or agreement . When a legal notice is ignored, the party responsible for the notice may be under the assumption that the other party is not pursuing a breach of contract action when they are. The tort then arises when the actions of the party who published the notice conflict with the intent of the legal notice itself.
Perhaps the biggest exposure on any Georgia legal notice comes from a mortgage foreclosure advertisement. In this situation, the lender has already sent a potential original notice prior to the foreclosure advertisement being published. There is no one to warn the borrower a second time that the mortgage is in default and that the lender intends to foreclose if it is not brought current. Because the borrower has already been provided a case number and contact information for the division of the court preparing the foreclosure advertisement, it is up to the borrower to take proactive measures to avoid the loss of their property.
Georgia Legal Notices Helpful Resources
Publications regarding foreclosures, tax sales, and mechanics liens can become extremely technical, complex and confusing, particularly for non-lawyers. Fortunately, general information can be found on the Internet.
The best resources that lawyers have found are the official publications from the clerks of court and the Georgia Department of Revenue:
- (1) Non-Judicial Foreclosure Sales in Georgia, a pamphlet with a summary statement of the applicable law by the Manager, Real Estate Foreclosure Division, Georgia Department of Banking and Finance; and
- (2) Georgia Tax Delinquent Property Guide, a pamphlet with a summary statement of the applicable law by the Staff Attorney, Georgia Department of Revenue;
- (3) Georgia Security Deeds Manual: A Georgia Secured Transaction Act Practice Manual provides:
(i) when, how and where to file a security deed;
(ii) procedures for submitting security deeds to superior and state courts;
(iii) how to obtain a 1098 interest statement;
(iv) what to do if a security deed has been lost; and
(v) how to transfer a security deed .
(4) Georgia Liens and Foreclosures provides:
(i) when, how and where to file a lien;
(ii) how to hire a contractor or subcontractor, manage their work, and terminate their work if necessary;
(iii) what to do if mortgage payments fall behind; and
(iv) how to negotiate with a mortgage lender with regard to a delinquent mortgage.
(5) Foreclosures, Mechanics Liens, Lis Pendens, and the Rights of Creditors and Bankruptcy provides a comprehensive study of Georgia statutory and case law relating to the following subjects:
(i) foreclosures;
(ii) bona fide purchasers;
(iii) lis pendens;
(iv) mechanics liens;
(v) creditors; and
(vi) bankruptcy overall.