All Forum Posts by: Kalimah Jenkins

New Investor, First house bought at auction in Cobb County, GA Sept 2.  Unfortunately, purchased with the owner still there so had to do an eviction.  I made one error so guy is not out (although I think he should be, but that's another story).  I found the process to be relatively easy.  I got a dispossess in about 5 weeks due to service and answer lags.  I am from NY and GA is nothing like that.  We were in front of the judge for about 30 seconds and it went something like this: No rent, ok you have 7 days to move.  End of story.  I couldn't believe it.

So, I wouldn't worry if you go that route.  Its great that you are sympathetic, but be careful because you are running a business.  The court clerks were very helpful also.

sorry for the typos.  Finding the iPhone 6 plus difficult to text on.

Thomas you are absolutely right.  I'm just focusing on getting him out.  Odd thing is local custom.  I spoke with an attorney is Athens and was told that they discourage "an all others".  It's assumed that everyone is evicted in a homeowner situation because the other person has no rights except through the homeowner.  Once those are extinguished, all are.

I did try cash for keys.  Didn't work.  Anyway, I will just have to wait, but am requesting an expedited hearing AND an additional judgment which I may never be able to collect.  If they answe, I will also request a judgment against the friend.  Lastly, instead of 7 days, I will ask for immediate eviction due to him attempting to circumvent the original court order.

I've learned some valuable lessons: use a process server, not the sheriff (faster); file all other; ask for back rent to get a judgment even if your goal is possession because it prevents an easy appeal.

Thanks all.  This is a great board.

Kalimah Jenkins

update:  thanks for putting it in perspective Thomas.  I was fuming mad.  Settled some since earlier.  I tried cash for keys on purchase.  This guy is going down with the ship.  

I refiled the case against the husband, the wife, and all others.  This one is a little tricky because H is a loser.  W works but no longer lives in property.  I couldn't have known that upon initial case filing. So I served both at the property address, but she didn't show.  So I got a dispossess about both but only got a judgment against him which I can't collect.  Even though I refiled she won't answer again because she doesn't live there.  I now have her new address.

Does anyone think I should serve her there?  It's a catch 22 because she's not in possession so how can she be responsible for rent?

How about the prior judgment against him, should I try and enforce it against her via small claims court?  Technically, they're married but she hasn't lived there since I bought the property.

How would some of you proceed?

Thanks.

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.