Fulton County Eviction

[Johnalyn H.]

Does anyone know how long it takes for Fulton County to serve dispossessory warrant? I completed my paperwork and I need them to serve the warrent so I am just wondering how long that usually takes.

[Joel Owens]

You are being way to vague.

In Fulton here is how it works.

Tenant is late on rent for whatever day stated in your lease 3rd,5th whatever.

On that date they are late you give 3 day notice.If after 3 days they do not comply you then go to the closest court office and file eviction.

It is usually about 78 dollars for the first person and then about 8.00 for each person thereafter.You fill out a separate form for each person to be served that is over 18 that is on the lease.Then after that you pay another 8.00 to file the form for (and all others) which will cover serving ANYONE not on the lease living in the property.

After you pay the fee it might take the MARSHALL 1 week or so to serve the notice.The MARSHALL will personally try to serve the defendants at the door.If no answer they will tack the door and mail.

If the defendant does not answer the tack and mail notice which they are given 5 days to respond then you are granted automatic eviction.The down side is you CANNOT get a judgement against them.You will have to go to small claims court or civil court on that.

If they file an answer however to have a court date OR they were personally served and signed the papers that the MARSHALL gave them in person then the judge can issue a judgement in your favor if you win.

If they do not file an answer you will be granted eviction but then must file and pay 20.00 for a writ of possession.The MARSHALL will then call you and set up a date for the tenants to be out.You must have a team of at least 4 people or so to do the eviction when the MARSHALL is out there.Most tenants leave before then.If trash is only thing left then rekey and document and when Marshall calls say the tenants already left.

Change all exterior locks as you do not know who has a set of keys and make sure all windows and locks work and are secure.

I can go into way more detail if you want but don't want to type a book.The whole process can take a few months.Do not tell the tenants when the marshall told you they will come out.The tenants will stay until the last second if told.You can instead tell them because of safety reasons for the MARSHALL we cannot give out the day and time they are coming but it is imminent.This will make them move fast as they don't want to worry about stuff being thrown out.

DO NOT accept partial payments for rent before the court date.This can be deemed to have worked out a plan with the tenant by the judge.It also helps to know which judge you will be getting for your case.They will assign a mediator before you reach the judge if you can't resolve things with the tenant for a workout.

no legal advice

any ? call