An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Georgia General Form of Complaint, Petition, or Declaration for Ejectment
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Ejectment Complaint Packet - Philadelphia A complaint in ejectment is filed in the "Office of Judicial Records which is located in City Hall room 296... or electronically through the Civil Electronic Filing System at ." "The cost is $333.23 + $17.00 per defendant."
The most common way to prove superior right to possession is to present the court with a certified and recorded deed. The defendant may assert various defenses to the ejectment action such as the deed is fraudulent, existence of a landlord-tenant relationship, and/or adverse possession.
Therefore, ejectment applies only to those cases where an individual actually has possessory title to the subject property. Ejectment is a possessory action used to recover possession of land or a piece of real property to a plaintiff in possession who has been wrongfully ousted from the property by the defendant.
Time Limit- 90 Days If a defendant is not served within 90 days after the complaint is filed, the court ? on motion or on its own after notice to the plaintiff ? must dismiss the action without prejudice against that defendant or order that service be made within a specified time.
A lawsuit brought to remove a party who is occupying real property. This is not the same as an unlawful detainer (eviction) suit, because it is against someone who has wrongfully tried to claim title to the property, not a tenant who only has a right of possession.
Depending on the actions of the Defendant, obtaining an order for Ejectment can take as little as a month to as long as a year. Don't let this shock you. If the Defendant truly has no right to the property, Ejectment cases can be handled in a few months.