National Association for the Advancement of Colored People

Americus Sumter County Branch #5160

Post Office Box 1296 217 Forrest Street Americus, Georgia 31709 Phone: (229) 924-0880 Fax: (229) 924-7080 E-mail: sumternaacp@bellsouth.net
Mathis K. Wright, Jr., President Eugene Edge, Jr., Vice President Marvin Harris, 2nd Vice President Linda Wright, Secretary Roosevelt Mitchell, Treasurer VIA FACSIMILE: 770-830-5309 Date: March 11, 2011 Carrollton, County Sheriff Office Mr. Terry Langley 100 Newnan Road Bill Giles Memorial Hwy. Carrollton, Georgia 30116 RE: Counter Affidavits Dear Sheriff Langley, There are members of my branch of the NAACP who have expressed concerns about how your office exercised your executive power as it relates to Counter Affidavits. Counter Affidavit documents are generally filed during foreclosures and dispossessory proceedings. Simply, the Counter Affidavit guarantees and protects the homeowner from eviction until they have received due process (a trial by jury). O.C.G.A. 44-11-30 and 44-11-32 gives precept instructions to any sheriffs office or any agent acting on the behalf of a bank, Mortgage Company, service provider, etc. For purposes of clarity O.C.G.A. 44-11-30 expresses in relevant parts, it shall be the duty of the sheriff of the county where the land or tenement is located, upon receiving such affidavit, to exhibit such affidavit to the person or their agent described as being the intruder of such land or tenement is located, upon receiving such affidavit, to exhibit such affidavit to the person described as being in possession of such land or tenement at the earliest possible day and to turn such person out of possession unless the person in possession tenders to the sheriff a counteraffidavit stating that he claims, in good faith, a legal right to the possession of the land or tenement. Additionally, O.C.G.A. 44-11-32 expresses in relevant parts, If the party in possession submits a counteraffidavit as provided in Code Section 44-11-30, the sheriff shall not 1

turn him out of possession but shall leave both parties in their respective positions. In such an event, the sheriff shall return both affidavits to the office of the clerk of the superior court of the county in which the land is located for a trial of the issue before a jury in accordance with the laws of this state. We understand that many law enforcement officers do not have the above Title 44 code in their official Law Enforcement Handbook. We cannot explain why the error of these missing codes were abandon from your hand book. However, you may check with the Georgias Attorney General Sam Olen office to ensure that the codes are positive, affirmative and current law. Please educate yourself, your department, swat teams or any other enforcement authorities to the correct procedures and protocols effecting the execution of the above stated laws. There can be civil liabilities associated with in the official abuse or negligence associated with any failure to comply with the law. In Sumter County, Georgia, our Sheriff Pete Smith is enforcing the Counter Affidavits which have been presented to his office. We have on several occasions discussed the legality of the restraint that it imposes on Sumter Sheriffs office upon receipt of the affidavit. Sumter County has had no reason not to comply with the letter of the law and its spirit. It is apparent that the intent of the law is to serve justice and allows the Sheriff the opportunity not to follow an errant or hasty order made by unjustly or ruling made without subject-matter jurisdiction. The action by Sumter County Sheriff Department should be the standard example throughout the State of Georgia and the nation for protecting a serving the interest of the people, in particular, the home owners. It is the law and the right of the person in possession of the property to avail himself of his affirmative defenses. Furthermore, we believe that a sheriff who violates the Counter Affidavits is also in violation of his oath of office. The Sheriffs oath of office is found under O.C.G.A. 15-16-4. Oath of office is expressed Before entering on the duties of their office the sheriffs shall take and subscribe, "I do swear that I will faithfully execute all writs, warrants, precepts, and processes directed to me as sheriff of this county, or which are directed to all sheriffs of this state, or to any other sheriff specially, which I can lawfully execute, and true returns make, and in all things well and truly, without malice or partiality, perform the duties of the office of sheriff of County, during my continuance therein, and take only my lawful fees. So help me God." We are asking you to enforce the Counter Affidavit and nothing more. The law under O.C.G.A. 44-11-30 is a clear precept commanding you not to turn out the homeowner in possession (See Blacks Law Dictionary). Please let the homeowner(s) have their day in court. Consider if one of these people were you or a relative of yours; wouldnt you appreciate the Counter Affidavit being enforced on your behalf?

We hope that your office will remain as a neutral party in these court proceedings and enforce the Counter Affidavits as outlined by the law. Anything other than complying with the law shall be construed as a direct violation of your oath of office and may cause you to be liable under federal civil rights violations under 42 U.S.C. 1983, 1985, 1986, respectively.

A Warrior for Christ, Rev. Mathis K. Wright, Jr. lew: CC: Carroll County District Attorney Peter J. Skandalakis Post Office Box 2564 Carrollton, GA 30116 770-254-7305 (fax)

salm 109:31 For he shall stand at the right hand of the poor, to save him from those that condemn his soul.