Eviction/Dispossessory/Wr
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
Eviction/Dispossessory/Wr (by Alex [GA]) Aug 12, 2009 11:49 AM
       Eviction/Dispossessory/Wr (by Echo [GA]) Aug 12, 2009 12:53 PM
       Eviction/Dispossessory/Wr (by Gail K [GA]) Aug 12, 2009 1:01 PM
       Eviction/Dispossessory/Wr (by Alex [GA]) Aug 12, 2009 1:13 PM
       Eviction/Dispossessory/Wr (by REID [KS]) Aug 12, 2009 3:04 PM
       Eviction/Dispossessory/Wr (by Gail K [GA]) Aug 12, 2009 3:55 PM
       Eviction/Dispossessory/Wr (by Mike45 [NV]) Aug 12, 2009 4:12 PM
       Eviction/Dispossessory/Wr (by Alex [GA]) Aug 12, 2009 4:44 PM
       Eviction/Dispossessory/Wr (by Reid [KS]) Aug 12, 2009 6:56 PM
       Eviction/Dispossessory/Wr (by Ernie Riddle [GA] [IN]) Aug 13, 2009 3:49 PM
       Eviction/Dispossessory/Wr (by Frankie Martin [GA]) Apr 12, 2012 2:26 AM


Eviction/Dispossessory/Wr (by Alex [GA]) Posted on: Aug 12, 2009 11:49 AM
Message:

Has anyone filed a Writ after filing an Eviction/Dispossessory?

I filed for Eviction to Gwinnett County,GA after the tenant did not pay rent. The notice was served by Sheriff but the tenant did not answer. 7 Days passed and I went to court and got Writ. They have scheduled a date of move out but it is somewhere in Oct 09. (Gosh!).

What is the best way to handle this?

--24.99.xx.xx




Eviction/Dispossessory/Wr (by Echo [GA]) Posted on: Aug 12, 2009 12:53 PM
Message:

Alex, I feeel for you. Here they schedule move outs about 7-14 days after. --74.243.xx.xxx




Eviction/Dispossessory/Wr (by Gail K [GA]) Posted on: Aug 12, 2009 1:01 PM
Message:

On another forum, a Georgia landlord kept in touch with the Marshalls Office (the office that handled evictions in their county) and their scheduled eviction was moved up when an opening suddenly became available.

You might want to remain in contact with the Sheriffs Office to see if the same thing can be worked out for you.

Gail --152.130.x.xxx




Eviction/Dispossessory/Wr (by Alex [GA]) Posted on: Aug 12, 2009 1:13 PM
Message:

Yes, I was told that I can contact Sheriff's office if there are any cancellations and move up the date.

But the question is, what if the tenant decides to go back to court and file an appeal? --24.99.xx.xx




Eviction/Dispossessory/Wr (by REID [KS]) Posted on: Aug 12, 2009 3:04 PM
Message:

If they file an appeal you'll be served papers but they usually only have 10days to file that appeal way before you'll be throwing them out . --70.250.xxx.xxx




Eviction/Dispossessory/Wr (by Gail K [GA]) Posted on: Aug 12, 2009 3:55 PM
Message:

In Georgia the allowed appeal time is 7 days after the final dispossessory writ has been served to the tenant.

Gail --67.173.xxx.xxx




Eviction/Dispossessory/Wr (by Mike45 [NV]) Posted on: Aug 12, 2009 4:12 PM
Message:

Don't sweat the "what if"s at this point.

Most likely, the tenant would have no grounds for an appeal, because the tenant didn't show up in court for the trial to contest the eviction. Unless there was very blatant eror by the trial court, the doctrine of "invited error" would preclude the Tenant from challenging the judgment against him on appeal.

More likely than an appeal would be a motion for reconsideration or a motion to set aside the judgment based on excusable neglect or lack of jurisdiction or some-such. The tenant would have to come up with a pretty good excuse as to why he was not in court on the trial date. Something like a hospital admission form, showing that he was admitted to the hospital two days before and kept in hospital for a week; or that he was arrested and in lock-up; or that he was never served (hard to argue with a straight face when the Sheriff did the service). But he needs to come up with a good excuse. (Although how good an excuse depends on your judge. Some judges are so pro-tenant that "I overslept that morning" might be enough.)

But don't worry about it until and unless you get a call or a letter or a notice.

--216.175.xx.xxx




Eviction/Dispossessory/Wr (by Alex [GA]) Posted on: Aug 12, 2009 4:44 PM
Message:

The tenant says that he was not served the papers. He was out of town for few days. The Sheriff came looking for him two times and the thrid time the Sheriff handed over the notice to his roommate. Because the Tenant did not answer in 7 days, a Writ is issued. There was no court date set as Tenant did not answer.

The question is, can the Tenant say that he was not served and his roomate was served and did not inform him? --24.99.xx.xx




Eviction/Dispossessory/Wr (by Reid [KS]) Posted on: Aug 12, 2009 6:56 PM
Message:

In kansas anyone who answers the door and appears to be over the age of i think it's 12 . can be served the summons and it's considered a "Good Serve" . But of course may be differeent in GA --70.250.xxx.xxx




Eviction/Dispossessory/Wr (by Ernie Riddle [GA] [IN]) Posted on: Aug 13, 2009 3:49 PM
Message:

Alex, sounds like your tenant got proper service from the sheriff.

Now you need to find a private service to execute the writ.

These private services have off duty deputies serve the writ and stand by while a moving crew moves the tenants personal property onto the lawn for scavenger removal.

Look at my picture page to see what the process looks like. --216.252.xx.xx




Eviction/Dispossessory/Wr (by Frankie Martin [GA]) Posted on: Apr 12, 2012 2:26 AM
Message:

WEN TO FILL OUT THE PAPERS FOR THE EVICTION DEY GAVE ME ONE COURT DATE!!SHOWED UP AN DA CASE WAS THERE NOW I GOT A LETTER IN DA MAIL SAYING I.HAD COURT YESTERDAY WHAT DO I NEED TO DO FROM HERE OR HOW LONG DO I HAVE TO MOVE MY THINGS OUT!! AN HOW I TAKE THE APARTMENTS BACK TO COURT??? --24.99.x.xxx





Reply:
Subject: RE: Eviction/Dispossessory/Wr
Your Name:
Your State:

Message:
Eviction/Dispossessory/Wr
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible.
Email Address: