Evict Son

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My jurisdiction is: Georgia, USA

My 21 year-old son has been with me since he was fourteen. He doesn't work or go to school, had his girlfriend move in while I was in England on business and is verbally and sometimes physically abusive. (I had him arrested last year for assult.)

Yesterday we had an altercation. Although not physical, it came close. I've had it and want him evicted.

What do I do?
Steps to evict someone in Georgia..


1. Go down to your local Magistrate's court office (Georgia's version of Small Claims).

2. Fill out a request for a "Dispossessory Affidavit" (first step in getting the property back in your name).

3. Your son will be served; has a number of days to respond to the court.

4. If he doesn't respond within this time period, you go back to the court office, request that your affidavit be granted.

5. Next step is the actual eviction process (scheduled by the Marshall's office).

This all takes times. Many parents circumvent this approach; they call the police on their children and oftentimes (especially when violence is a part of this) the police will escort the child off the premises.

For what it's worth, I once had to do the same thing with my son (20 years old at the time). The police wanted me to sign paperwork to have him arrested for making "terroristic threats" to me (I could not bring myself to do that). They did tell him to leave but took me aside and said that if he wished to, he could come back into my home. He, of course, did not realize his legal right to do this.

Regarding the Dispossory Affidavit

"Fill out a request for a "Dispossessory Affidavit" (first step in getting the property back in your name)."

Edit: Ignore all this below. I read the web page and understand.

The property is solely in my name already. Do I still have to do this?

At this point, I don't care if the police haul him off for any reason. He's beyond reason.

Thanks Gail, I'm glad you responded. I'll go down to the Magistrate this afternoon during my lunch hour.

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Yes; my property also was solely in my name.

The argument that your son can make in court (should he decide to do this which would be unusual) is that you have established a "landlord tenant" relationship with your adult son (even if he doesn't pay rent) and you need to go through the necessary legal steps to evict him.

Another option you have (which would work faster in terms of getting him out) is requesting a Restraining Order based on your concern for physical violence/verbal threats from him.

That would be good because I do have a nagging fear that he is unstable in that regard. Do I file that while I'm at the Magistrate or is it an addendum of some sort?

Thanks so much Gail,

Protective orders in Georgia are handled through the Civil court.

In my district (Richmond county) one office handles both Civil and Magistrate court so that's a good place to start.

Good luck!

I've filed. They told me that he has seven days to answer or move out. I don't know what that will entail but I was told that if he gets belligerent to show the copy of the form to the police. What a mess. I just want this to be over.

I'll update this thread as events happen so others may learn from my experience.


Not sure if this will bring you any comfort but...

When I was going through the craziness with my 20 year old son, a parent told me that "he should settle down by the time he is 30".

Heavens; 30!!! I'd thought I'd be dead from exhaustion, frustration or depression by then.

Michael is now 30 and last Friday graduated from the Medical College of Georgia with a 4.0 grade point average.

Hopefully your son will straighten out...

Two days

Well, so far he hasn't been served yet and it's been two days. It's like waiting for the other shoe to drop. To add insult to injury, due to the economy I was laid off yesterday morning. It's going to be a great week! :p

I guess these things take time but I just wanted to keep everyone updated that it isn't an instantaneous process.


When I went through the dispossessory process with one of my tenants, I filed on a Wednesday and the information was received at the rental address the following Monday.

Hi Gail,

The deputy came by yesterday (Tuesday) to deliver the paperwork. He didn't bother knocking or ringing the doorbell, he just stapled it to the door. His girlfriend is having them move into her parent's trailer in Ohio. I'm sure I look like the bad guy but oh well. No one is going to say anything about his violent, defiant, and disrespectful behavior.

Yuck, cold coffee. I need to make some.

Glad to see it all went well for you. I am sure that can be a hard thing to deal with, especialy when it is your own children. Good Luck!
He moved out

About five minutes ago he left. He's on his way to a bus station now with his girlfriend.

Since he left on his own accord rather than answering to the court, do I have to do anything further?

It's a relief although I still feel like he is here. He hates me. Emotionally, one has to be strong because it isn't easy to do things like this.

Now the healing can begin and it's probably going to be months or even years before he realizes I had to do this.

This concludes the story I suppose. A trip to the courthouse, $73.00 in cash on the table, a deputy staples a form on the door, he gets it and moves out in a week.


Follow the procedures of the dispossessory affidavit. If he doesn't respond by the seven day deadline (and it's likely he won't), go back to the clerk of courts office on the eighth day to finish the business and have the final notification sent to you.

Yes; he hates you right now. You have my sympathy. When my son left, he did it with great flare, refusing to put on a winter coat (it was two days before Christmas) and marching out into the dark telling me I was going to cause him to get pneumonia. Of course he went right over to his dads place (I had warned dad) crying that mom kicked him out into the cold during the holiday season. Later my son (who is gay) admitted he put on his best "hysterical, wounded, gay act" for me that day.

This is off topic but do you by any chance, get the TV channel AMC? If so, watch an episode of Breaking Bad; the manipulative behavior of the younger druggies will likely remind you quite a bit of your son.

Stay strong...

Yesterday was the Eighth Day

Thanks Gail.

Yesterday (Tuesday) would have been the eighth day I think. I wasn't sure how to fit Memorial Day in there as that would have been day seven. But it didn't matter. I've been down with a bad cold for a few days of which I am just getting over so I probably wouldn't have made it anyway for that reason.

Tomorrow morning, I'm heading to the courthouse to finish the job. What will happen to his possessions or what remains anyway? He took all his clothes, laptop and whatever else would fit into a couple of suitcases. Obviously his television and bed wouldn't fit. :rolleyes:
At the courthouse, the clerk should ask you if wish to undergo the actual eviction. This would take place if your son didn't respond to the paperwork but also didn't leave (or responded, lost the judgement but still refused to leave). The case would then be turned over to the Marshall's office who would oversee the actual removal of him and his personal property.

You do not require this (which would be another fee) as he has left.

Wait to receive the dispossessory affidavit in the mail. It is your proof that the property is now back under your control. You can then do what you wish with the television and bed.

It's Finished

Hi Gail,

I went to the courthouse yesterday and finished it although I didn't have to wait for the mail. The clerk had me wait while he sent someone to get a judge to sign a writ and then put a seal on it. When he came back, he handed me the final judgment.

I was sent to another office to fill out a form for having someone come out and do an eviction for $25.00 and I explained that he is in Ohio now. I was told that it was up to me whether I wanted him and his stuff evicted by the deputy which I thought was strange because I had mentioned (again) he left of his own accord. :confused: So I didn't fill out a form and said I'd take care of it myself.

And now, to continue my job hunt... a lot of fun. :rolleyes:

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