DEFAULT WRIT OF POSSESSION Vs. Defendant(s) Name, Address The within and foregoing case having been properly served, (personally or sui juris) and Defendant having failed to answer within the time provided by law, application is hereby made to this Court for (a) the issuance to Plaintiff of a Writ of Possession as provided for in O.C.G.A., section 44-7-53, (b) judgment in favor of Plaintiff and against De.

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How to fill out the Writ Of Possession Georgia online

Filling out a Writ Of Possession in Georgia is an essential step in the dispossessory proceedings process. This guide will help you navigate each section of the form clearly and efficiently, ensuring your application is completed correctly.

Follow the steps to fill out the Writ Of Possession form online.

  1. Click the ‘Get Form’ button to obtain the Writ Of Possession document and open it in your preferred editing platform.
  2. Enter the date filed at the top of the form in the designated space.
  3. Fill in the case number in the appropriate area to uniquely identify your case.
  4. Provide the plaintiff’s name and address in the designated section. Ensure that the information is accurate to avoid any issues.
  5. Next, enter the defendant’s name and address, ensuring all details are correct as these will be used to serve the documents.
  6. Review the section regarding the issuance of the Writ of Possession, confirming that the application is made due to the defendant's failure to answer within the legal timeline.
  7. Fill in the judgment amount in the 'ORDER' section. This includes principal, interest, attorney's fees, and costs.
  8. Specify the action date for the command to the sheriff in the WRIT OF POSSESSION section, choosing the appropriate option.
  9. Finally, review all entered information for accuracy, then save your changes, download the completed form, print it if necessary, or share it with the appropriate parties.

Complete your Writ Of Possession form online today to ensure a smooth dispossessory proceeding.

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Questions & Answers

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What is a motion to stay writ of possession in Georgia?

What is a Motion to Stay the Writ of Possession? Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to “stay” or “stop” the sheriff from executing the Writ of Possession and removing the resident.

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.

Appeals are filed with the magistrate court and the case is then sent to state or superior court. You will have to pay the "court costs" to file the appeal, normally about $250. If you don't have the money to pay the costs, you may be able to file a "pauper's affidavit" with the court instead of paying the court costs.

That Writ of Possession means the Sheriff has a court order to remove the people, pets, and things in the home and put them out of the house. And if your tenant files an appeal at just the right moment, that Writ of Possession may get stopped.

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.)

Provided that the tenant does not appeal for reconsideration, a Writ of Possession is issued no less than 7 days after the landlord wins the case. The Writ of Possession gives the tenant at least 7 days to vacate the property.

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.

Judgment and Writ of Possession cost is NON-REFUNDABLE....DISPOSSESSORY & FORECLOSURE COST. $180.00Filing & Docketing (one service fee included)$25.00Judgment and Writ of Possession2 more rows

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