Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 10 years ago on . Most recent reply

User Stats

226
Posts
97
Votes
Kalimah Jenkins
  • Investor
  • Marietta, GA
97
Votes |
226
Posts

Eviction help

Kalimah Jenkins
  • Investor
  • Marietta, GA
Posted

ok I am a newbie and made a major error.  I bought a property at auction with the owner still in it.  Property was deeded to husband and wife but wife no longer resides there.  Had the sheriff serve them both nail and mail. Got an eviction for Oct 14.  Husband did not move. Paid sheriff to evict today, Oct 16.  Sheriff arrives and husband and another party are now in possession.  In the last 10 days, he moved someone in.  I didn't put "and all others" on the dispossess.  New party claims that everything in house is his which is a flat out lie.  But, now I am told that I have no other choice to re file.  Went to court and refilled today.  I am so confused at this point.  Sheriff says can't evict because order just says husband and wife.  But won't evict husband as per the order.  Is there any way to get rid of this loser sooner?  I got a judgment but it is worthless since he has no job.

I am in Georgia.  Also is a sheriff even necessary?

Any suggestions would be much appreciated.  I have sure learned some lessons in this process.

Thanks.

Most Popular Reply

User Stats

260
Posts
210
Votes
Jack Tucker
  • Real Estate Investor, Flipper, PM, vacation rental, Wholesaler
  • Athens, GA
210
Votes |
260
Posts
Jack Tucker
  • Real Estate Investor, Flipper, PM, vacation rental, Wholesaler
  • Athens, GA
Replied

I know in other Georgia counties like Newton and Morgan, you can use "and others" liberally. The lawyer in Athens is reflecting the local Clarke County jurisdiction.  

I have had eviction filings rejected by the Clarke County Magistrate when I use "and others". We are required to only put the EXACT and ALL names that appear on the lease. By doing that, we can attain a Writ of Possession to have the sheriff remove all parties that may be in residence.  Not a lawyer - Not legal advice.

Loading replies...