A Georgia Order for Possession of Personal Property is a legal document issued by a court of competent jurisdiction that authorizes a person or entity to take control of and possess personal property. There are two types of Georgia Orders for Possession of Personal Property: Temporary and Permanent. A Temporary Georgia Order for Possession of Personal Property is issued when a landlord is seeking possession of personal property in order to evict a tenant. This type of order grants the landlord immediate possession of the property until a final determination of the dispute is made by the court. A Permanent Georgia Order for Possession of Personal Property is issued when a dispute between two parties is settled in court. This type of order grants the successful party full and permanent possession of the property. Georgia Orders for Possession of Personal Property are legally binding documents that must be followed by all parties involved. Failure to comply with a court order can result in serious legal consequences.
Georgia Order For Possession Of Personal Property
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FAQ
This form allows Plaintiff to describe the items and location of the items that are in defendant's possession. The court then issues a Writ of Possession as an order directing the sheriff, deputy sheriff, or marshal to retrieve plaintiff's property from the defendant.
§ 44-7-55(c) provides that the landlord shall not be a bailee and shall owe no duty to the tenant with regard to the tenant's personal property, a Georgia appellate court interprets that provision as being contingent upon the landlord first placing the tenant's property on some portion of the landlord's property or on
You must file a written answer with the court within seven days of receiving the papers. Your court papers will tell you where to file your answer and the deadline for filing. If you miss this deadline, your landlord will automatically win the court case and you will be evicted.
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.
The Writ of Possession gives the tenant at least 7 days to vacate the property.
A dispossessory action refers to eviction proceedings brought by a landlord against a tenant. 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.
Once you're evicted (removed), there is no ready way to "undo" the removal and get back into the property. So don't wait to take action, whether that means moving or filing with the court as discussed below. To learn more about the eviction process, click to visit Overview of the Eviction Process.