State Specific Question About: GEORGIA (GA)

You are confusing a dispossessory affidavit (i.e., an eviction in Georgia) with a lawsuit to get owed monies from tenants. They are not the same.

If your tenants respond to the dispossessory notice, a hearing will be set up. They have seven days to respond to this notice (eight if the seventh day falls on a Saturday, Sunday or holiday). If they do not respond you go down to the Clerk of Court and request your dispossessory notice (it will be sent to you). You can then file for the actual process of eviction (typically handled by the local Marshal's office).

You can then turn around and file a lawsuit against them for the actual monies they owe you. As with the dispossessory this is handled through Magistrate/Civil Court.

You cannot file for wage or bank garnishment until you receive this judgement for owed monies.

Gail,

If the tenants do not respond to what they received from the Clerk of Court office, you will not receive a notice of a hearing. You would then return to the Clerk of Court's office (you should have received a postcard stating when your tenants were served; bring that with you) and request a writ of possession. You can then file for the actual eviction.

There is no need for you to go to court unless you receive notice that the tenants have responded and are disputing the eviction. If they do, make certain you attend this hearing.

Once they are out, a landlord will typically wait until any damage above normal wear and tear is repaired and the unit is rerented and then sue for 1. owed rent (until the unit is re-rented or the lease would normally conclude), 2. repairs above normal wear and tear.

Bobby,

If the tenant fails to answer after being served the Dispossessory Warrant, you will be granted an "Instanter Writ of Possession" by the court.

You don't need to show up on the date that their response is due.

If your tenant responds, the clerk will set a hearing date that you must show up for.

If the tenant does not respond, just go by the courthouse and pick up you Writ of Possession and arrange to have it executed.

What county are you in? I may have additional insight.

I am in Fulton County. I wish I could sue them for my lost business trip!

Anyway, thanks for all the advice, it is so important.

Here's the update. They asked for a court date, just so they can have more time for free! That's what they said!

Now, all utilities are off, and they have a power cord running from the neighbors house (which he approved, dang it!).