Eviction Process Evicting ex-boyfriend

[GingerMedic]

Jurisdiction

Georgia

Hello!
Last week, 4/5/2016, I filed with the Magistrate court of Houston County to have my ex boyfriend evicted from my residence, after months of begging him to leave. On 2/20/2016, I, in writing, gave him 30 days to get his affairs in order and move, which he agreed to. On 3/25/2016, he still hadn't moved or packed a single belonging, so I notified him on that day, in writing, that I would seek the assistance of the courts because he didn't move like he said he would.
He is not on the lease, he receives no mail here, he pays no bills here.
The sheriff served him with the eviction papers on 4/7/2016, and he is now saying that he will not move out. I was not informed of how the process of evicting someone goes after they are served with the papers... What do I do now? What will happen? When will the sheriff remove him?

 

[army judge]

Hello!
Last week, 4/5/2016, I filed with the Magistrate court of Houston County to have my ex boyfriend evicted from my residence, after months of begging him to leave. On 2/20/2016, I, in writing, gave him 30 days to get his affairs in order and move, which he agreed to. On 3/25/2016, he still hadn't moved or packed a single belonging, so I notified him on that day, in writing, that I would seek the assistance of the courts because he didn't move like he said he would.
He is not on the lease, he receives no mail here, he pays no bills here.
The sheriff served him with the eviction papers on 4/7/2016, and he is now saying that he will not move out. I was not informed of how the process of evicting someone goes after they are served with the papers... What do I do now? What will happen? When will the sheriff remove him?

He has been served.
Now you both go to court.
You tell your respective stories to the judge.
You'll prevail.
The judge issues an order and instructs him that he must leave, or the sheriff will evict him.
He has another 72 hours in most jurisdictions to get out.
If he doesn't budge, the sheriff will eventually arrive and toss him and his junk to the curb.

It's not anywhere near over.

What do your documents say about the court date?

Don't miss that court date.
Why?
If you do miss the date you'll have to start over.




The major steps in the eviction process in Georgia eviction are as noted below:

* Landlord files a Proceeding Against Tenant in Magistrate or State Court.

* Papers served by the Marshal giving notice to the tenant of when and where to appear before the Court to answer the summons.

* The Plaintiff/Landlord and Defendant/Tenant appear before the Dispossessory Court where the matter is heard.

* If the Landlord prevails or the Tenant fails to file an answer, Landlord applies for a Writ of Possession with the Dispossessory Clerk.

* The Writ of Possession is processed by the Clerk and then sent to the Marshal for execution.

* Landlord hires an Eviction Company or arranges to provide some other source of labor for the Eviction. Marshal often advises how this is done.

* Marshal contacts the Landlord to schedule the Eviction. Landlord provides the name of the labor source that will be used for the Eviction.

* The Marshals, Eviction Crew and Landlord arrive at the specified time and make an entry into the premises to execute the Eviction Writ.

* The tenant and her/his possessions are removed from the premises and the possessions placed on the public right of way under the supervision of the Marshals.

The process takes anywhere from six to ten weeks, give or take a couple of weeks.


Your nightmare is why I rarely invite anyone into my home.
I never allow anyone to stay overnight.
Don't ever allow stray humans to ever stay in your home again.
Stray humans are harder to get rid of than stray cats or dogs.
Good luck.



GA eviction process generally:



Houston County Small Claims Court



http://www.georgialegalaid.org/file...4-05C8-EF87FACF3E3D/93021Eviction Warrant.pdf


Warner Robins Tenant Lawyer | Warner Robins Landlord Attorney | GA








Eviction process is GA, near Houston County:



Houston County State Court Clerk - Houston County, Georgia

 

[mightymoose]

It sounds as if he was only served a summons to appear in court to have the matter heard.
He was NOT served an eviction order to move out (unless you have in fact already been in front of the judge and obtained that order).
When/if you do get an eviction order you will have documentation that comes with it that explains exactly what you should do and when to do it.

Understand that he is not legally required to move until a judge orders it and the time the judge allows has expired.

Until then you can make life uncomfortable for him to help persuade him to leave sooner. Take away his means to mooch. Don't turn off power, gas, change locks etc, but do restrict access to food, light bulbs, toilet paper, dishes, or any other convenience he is benefiting from at your residence.