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Georgia Application And Order For Default Writ Of Possession

State:
Georgia
Control #:
GA-EVIC-3
Format:
PDF
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Description

This form is used to ask for an order directing the a sheriff to evict a tenant after a dispossessory warrant was served personally on the tenant and the tenant failed to file an answer.

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FAQ

Assuming that the judge has ruled in your favor, the tenant has 10 days to vacate. The sheriff will provide the tenant with a 24-hour notice. If the renter refuses to vacate after the 10-days period expires, the county sheriff will forcibly evict them.

Writ of Possession It gives the tenant 7 days to move out of the property, or else the sheriff will come over and physically remove them. During this 7 day period, the tenant can file an appeal from the trial court to a higher court.

A writ of possession is issued after a landlord wins an eviction case in court. A writ of possession can also be called a writ of eviction. This order allows a person or group to take possession of real property by forcing the person or group currently in possession of the property out.

You should check that the notice to quit or notice seeking possession meets the right legal requirements. For example, it might need to contain certain information. If the notice isn't correct, this could stop or delay your landlord from taking further action.

Your appeal needs to be filed with the magistrate court. Your case will then be sent to the state or superior court. You will have to pay the court to file your appeal. The costs to file the appeal are called the court costs.

The Eviction Process in Georgia The landlord must demand possession of the rental unit, either orally or in writing, and the tenant must refuse to give the landlord possession before the landlord can file an affidavit with the court to begin the eviction proceedings (see OCGA §44-7-50).

The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of seven days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56.After execution of the writ, such property shall be regarded as abandoned.

After you win an eviction lawsuit in Georgia, the court will issue an order called a writ of possession, allowing you to take back the rental unit and remove the tenant's property.After seven days, you may ask the county marshal's department to physically evict the tenant.

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Georgia Application And Order For Default Writ Of Possession