How does a dispossessory judgment work in Georgia?
It commands the Marshal or his deputies to enter land and give possession of it to the person entitled under the judgment. The Marshal or his deputies will execute the writ. However, the plaintiff or the plaintiff’s attorney must provide the labor to remove any belongings from the property.
Where can I get a dispossessory warrant in DeKalb County?
Dispossessory warrants may be filed in State Court of DeKalb County or in the Magistrate Court. Q. When will the dispossessory warrant be served and how will I know when it has been served? A. The Marshal’s office makes every effort to serve papers as expeditiously as possible.
How does a writ of possession work in Georgia?
A writ of possession is an enforcement of a judgment to recover possession of land. It commands the Marshal or his deputies to enter land and give possession of it to the person entitled under the judgment. The Marshal or his deputies will execute the writ.
What is the purpose of a dispossessory proceeding in Georgia?
The sole purpose of an eviction or dispossessory proceeding is to determine the right of possession as between a landlord and its tenant. Georgia law clearly outlines the procedure for tenant eviction and removing a tenant from leased property under O.C.G.A § 44-7-50.
When to file an answer to a dispossessory affidavit?
Those who consider themselves “agents” of the landlord must comply with Rule 31. Once a tenant has been served with the Landlord-Tenant (Dispossessory) Affidavit, the tenant has seven (7) days from the date of service to file an answer with our court. If the tenant does not file an answer an eviction may be requested on the eighth (8th) day.
What do I need to file a dispossessory action?
An affidavit is required under the statute (O.C.G.A § 44-7-50) stating under oath the grounds for the dispossessory. Once the affidavit is filed, the Court will issue a summons to the defendant and instruct the Sheriff to serve the summons and affidavit on the Tenant.
When do you have to answer the dispossessory question?
The tenant must answer either orally or in writing within seven days from the date of actual service unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday.