Evictions

Marshal

Evictions

Evictions

COVID-19 UPDATE: View the Marshal's Department notice about evictions here

An eviction is an action to restore possession of property to the person entitled to it (landlord). Not only must the landlord establish a right to possession in himself, but he must also show that the tenant is in wrongful possession.

In order to have someone evicted, the landlord must follow the steps outlined below:

in order to evict a tenant

filing of dispossessory

The landlord or agent has to file a Dispossessory Proceeding Against Tenant Holding Over in the Fulton County Clerk’s Office. The Fulton County Clerk’s Office is located at 136 Pryor Street SW, Atlanta Georgia 30303. Note: The address on the dispossessory must be the address that is to be evicted.

serving the dispossessory

The dispossessory is properly served by the Marshal’s Office or by a private process server. Note: The dispossessory cannot be served unless the premises in question and the dispossessory are properly marked with the correct and complete street address including the suite, apartment or room number, direction, zip code, etc. Any changes that are made on the dispossessory must be made by the landlord or agent.

court appearance

If the defendant files an answer within seven days of service, a court appearance will take place at a later date.

Application of writ of possession

The landlord, or agent, applies for a Writ of Possession. Click here and select Application for Writ of Possession. Note: Application may be made after the expiration of the seven day answer period when no answer is filed by the defendant or after expiration of the time specified by the judge on a court appearance.

Writ of possession Processing

The Writ of Possession is processed by the Clerk’s Office and then sent to the Marshal’s Department for execution. A completed form of the document should be sent electronically when filed online.

Labor to Perform an Eviction

The landlord, or agent, hires an eviction company to perform the labor or prepares to provide some other source of labor for the eviction. Five or more able bodied people are usually required to perfect an eviction in an efficient and timely manner.

Scheduling an Eviction

A deputy marshal contacts the landlord, or agent, and schedules the eviction. The landlord, or agent, advises the deputy of the name of the labor source that will be used for the Eviction. Note: The Writs are usually handled in the order of receipt. If the tenant moves out or pays prior to the actual eviction, the landlord or agent should notify the deputy as soon as possible.

Executing the eviction

The deputies, eviction crew, landlord or agent arrive at the specified time to execute the eviction writ. Note: The eviction deputies must make the initial entry of the premises to be evicted.

Property Clear-Out

Ensure all the defendant’s property has made it out of the residence by performing a walk through at the end of the eviction.

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