What happens after a writ of possession in Georgia?
Once a writ of possession is issued, an eviction must be requested within thirty (30) days of the date of service or a newLandlord-Tenant (Dispossessory) Affidavit must be filed. You may use the Magistrate Court Guide and File system to draft your Landlord-Tenant (Dispossessory) Affidavit or Answer.
How long does a writ of possession last in Georgia?
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.
Does a Writ of possession expire in Georgia?
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.
How does writ of possession work in Georgia?
The Writ of Possession says that the landlord is legally entitled to possession of the property. 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.
When to notify the Sheriff of a writ of possession?
The eviction is scheduled as soon as possible after the expiration of the 5-day period. Usually the landlord is notified by mail of the eviction date and time. Occasionally the landlord may be notified by telephone. The landlord should immediately notify the Sheriff if the landlord wants to cancel the eviction.
What happens to property left over from writ of possession?
Any property of the tenant left on the premises will be turned over to the landlord for storage.
What happens if you win an eviction lawsuit in Georgia?
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. However, you must wait seven days before you act. (See Georgia Code § 44-7-55 .)
What to do after a writ of possession is issued?
Forcible Move With a Writ of Restitution. After a writ of possession has been issued, a tenant will usually have a certain number of days to move out of the rental property . If the tenant does not move out willingly, he or she will forcibly be removed from the premises. The landlord can request a writ of restitution. Jun 25 2019
When does the sheriff serve the writ of possession?
After the creditor landlord obtains a judgment in an unlawful detainer action, the court may issue a Writ of Possession (real property) which authorizes the Sheriff to remove (evict) the occupants from the property. The Sheriff will typically serve a 5-day Notice to Vacate within three business days after receiving the writ.
How long is a writ of possession good for?
An ex parte writ of possession cannot issue in any other circumstances. The TRO can remain in effect for a maximum 15 days, unless the court authorizes a 22-day duration for good cause shown.
Can someone explain what writ of possession is?
Also known as a writ of replevin, a writ of possession is a court order that allows you to take possession of a piece of real estate or personal property. The courts may issue these writs in several situations, the most common of which is an eviction proceeding. When the court issues a writ of possession, it authorizes one party to recover possession of a piece of disputed property.