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Updated over 10 years ago on . Most recent reply
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Eviction help
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
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- Real Estate Investor, Flipper, PM, vacation rental, Wholesaler
- Athens, GA
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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.