Dispossessory (Eviction)

Jurisdiction


The Magistrate Court accepts the filing of dispossessory proceedings seeking to evict persons or businesses from property. The address of the property must be located within Athens-Clarke County.

Procedures for Filing a Dispossessory


The Clerk of Magistrate Court provides carbonized forms with the correct number of copies required for filing and serving a Dispossessory. An applicant may appear in person in the office of the Clerk of Magistrate Court, Room 240, 325 East Washington Street, and the Clerk will assist in the filing of the paperwork. An out of county resident who would prefer to have the forms mailed should contact the Clerk of Magistrate Court by phone. The forms must be completely filled out and properly notarized. Link to Instructions for filing a Dispossessory.

Filing Fee


The filing fee is $75 for one defendant, and $25 for each additional defendant per case. Checks should be made payable to the Magistrate Court.

Online Filing


A plaintiff may also file a dispossessory online using nCourt. nCourt is a third party vendor and charges a convenience fee to use their online services.

Answer


A person who has been served with a dispossessory warrant affidavit has seven days to file an answer, or the person will be in default and a Writ of Possession may immediately be issued. An answer may be made in person, by mail, or by fax at 706-613-3314, but it must be received by 5:00 p.m. on the seventh day after service. Download the Answer form.

Default


If an answer is not filed within seven days, the defendant is in default and the plaintiff may file a Request for Default & Writ of Possession. Please completely fill out all applicable sections of this form.

Hearing


If a defendant files an answer, a hearing will be scheduled within 14 days of the service date. The hearing notice will be mailed to the parties. Both parties will have the right to present evidence and call witnesses. The parties should bring any relevant evidence with them to court, including copies of the lease, receipts, ledgers, photographs, or other relevant items.

Prior to the hearing, the parties will have the opportunity to speak to see if the matter can be resolved without a hearing. A mediator may be provided by the court to assist the parties in discussing the matter, at no additional cost.

If the Court enters an Order allowing a party to obtain a Writ of Possession or Judgment after the hearing, the party may request the Writ of Possession and/or Judgment using an Affidavit for Judgment & Writ of Possession.

Witnesses


If a party has witnesses, the party should bring them to the hearing. Written statements may not be accepted as evidence. If assistance is needed to obtain the attendance of witnesses, a Request for Subpoena form should be completed and returned to the Clerk of Magistrate Court along with the required fee.

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