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Wrongful Possession Of Property Ipc In Fulton
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State:
Multi-State
County:
Fulton
Control #:
US-000303
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Word;
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FAQ
Yes. You should file a Motion to set aside default judgement. Once you do that you will have to address the underlying lawsuit. You will probably end up negotiating a settlement with the creditor.
After the hearing, the judge will decide whether you should be evicted. If you are evicted, you will generally have seven days to leave the property. If you are behind on your rent, you may qualify for rental assistance.
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. The relationship between the parties must be Landlord and Tenant.
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.
After the court issues its decision after the hearing, either party may appeal but must do so within seven days of the judgment.
If the judgment is in the landlord's favor, the court will issue a writ of possession seven days after the judgment is entered (OCGA § 44-7-55(a)). The tenant must move out within the seven days, but they can also file an appeal to the judgment during this period.
The only thing you can do at this point is file a Motion to Stay Execution of Writ of Possession. This motion will put the execution of the eviction order on hold for up to 10 days.
When a landlord-tenant summary proceeding is resolved, it typically results with a judgment of possession in favor of the landlord. This is different from a warrant of eviction, which is necessary to authorize the eviction of the tenant by a Marshal.
Notice Requirements: Landlords in Delaware must provide proper notice before commencing an eviction, which includes a 5-day notice for unpaid rent or a 7-day notice for lease violations.