Socialserve Com Georgia (2024)

FAQs

How do I respond to a dispossessory warrant in Georgia? ›

The tenant should file a written answer stating why the landlord does not have the right to remove them from the property. If the tenant cannot write, the answer can be made orally, written down by the clerk and signed by the tenant.

On average, it would take anywhere between 14 days to 80 days for a complete eviction process. Give your tenant either a written or verbal notice. Make sure no mistakes were made in the filing process.

If your landlord is evicting you for not paying your rent, you may be able to stop the process. You may offer to pay your landlord all the rent you owe, plus late fees and the cost of the warrant. In return, your landlord may agree to drop the lawsuit. This is called a settlement.

As of 2023 the Georgia Rental Assistance Program is no longer accepting new applications. The following information relates to an assistance program that was previously available for a period of time during the COVID-19 pandemic.

You may use the Magistrate Court Guide and File system to draft your Dispossessory Warrant or Answer. Access the Magistrate Court Guide and file System online or use the forms provided. Forms are in pdf format. You must have Adobe Acrobat Reader or other pdf reader program in order to use these forms.

Writ of possession.

If the court rules in the landlord's favor, the landlord should request a writ of possession that requires the tenant move after seven (7) days and pay past rent owed. The writ is a separate document from the court's order.

An eviction hardship extension, also known as a hardship stay of eviction, is a legal directive that temporarily suspends eviction proceedings. This allows tenants to continue residing in the property until alternative accommodations are secured, providing much-needed relief during the legal process.

Appeals are filed with the magistrate court and the case is then sent to state or superior court. You will have to pay the "court costs" to file the appeal, normally about $250. If you don't have the money to pay the costs, you may be able to file a "pauper's affidavit" with the court instead of paying the court costs.

A writ of possession is issued to evict an occupant from the property. The dispossessory complaint is filed under oath by the owner (landlord), testifying to the unlawful possession of the owners property by a tenant. The relationship between the parties must be Landlord and Tenant.

Gather Necessary Information. Collect all pertinent information related to your eviction. This includes your lease agreement, documentation of rent payments, communication with the landlord, and any other relevant records. The more evidence you have to support your case, the stronger your letter will be.

What are the defenses to eviction in Georgia? ›

Expungement's are routinely granted. You would need to file a petition for expungement through the local court where the eviction proceeding initially took place. If you contact the clerk's office there, they should be able to provide you with the packet of forms for filing the petition for expungement.

BCM Georgia's Financial assistance is available to families once in 12 months and no more than twice in five years. BCM Georgia does not make partial rental or mortgage payments. Before BCM Georgia releases funds, you must have proof of paying the balance.

Eviction Notice GA

If there's still no payment received after the notice has been given then the landlord can file a dispossessory proceeding in court. In cases where there is no written lease between a landlord and a tenant, 60 days notice is considered as sufficient time.

If the judgment is in the landlord's favor, the court will issue a writ of possession seven days after the judgment is entered (OCGA § 44-7-55(a)). The tenant must move out within the seven days, but they can also file an appeal to the judgment during this period.

The Dispossessory Warrant and Affidavit requires that you (the landlord) go before the judge and swear an oath to begin the eviction process. You must provide the court with information about the infraction in question, including: Failure to pay rent.

The notice must be properly served on the tenant, either by certified mail, delivery by the sheriff, or hand delivery with a signed acknowledgement. If the tenant fails to comply with the notice, the landlord can then proceed with filing an eviction complaint in court after the notice period expires.

The Emergency Motion must say four things: (1) the reasons you should not be put out by the Sheriff; (2) a request that the Judge to stop the Sheriff from putting you out; (3) a request that the Judge allow you to give you a hearing so you can tell the Judge in person why you should not be put out, and to present any ...