multiple tenants - question about dispossessory answer.

[obelix]

So I filed for dispossessory against two tenants living in my rental property, naming them each as defendants independantly on the dispossessory fileing. They are not married. I read the response today from defendant #2 and a trial has been set. On the response form it has a note that says "EACH DEFENDANT MUST FILE THEIR OWN ANSWER. Attorneys may file answers for more than one defendant, pro se litigants cannot". On the website for the county magistrate's FAQ, there is a note saying: Can I answer, appear in Court and/or consent to a Judgment on behalf of my spouse?




If a husband and wife are both served with a dispossessory action, both the husband and the wife need to sign and file an answer. They can file a consolidated answer, providing that both sign the answer. Failure to sign and file an answer can result in a default judgment against the spouse failing to file and/or sign. A spouse may not enter an appearance on behalf of their spouse in Court. Failure to appear and proceed in court can result in a default judgment against the party not appearing in Court. A spouse can not consent to a Judgment being entered against their spouse.


My intent is to get them out any legal way I can. Since the second defendant #1 has not filed a response, can I contact the court and get a writ signed by the judge for defendant #1 who did not respond by the 8th day?




Thanks for any light you can shed on the subject.

 

[obelix]

Party Information ( Top )


Flintstone, Fred - DefendantAddress: 1289 dinosaur ct
sugar hill, GA 30518
Summons: 9/27/2010 Tuesday, September 28, 2010 tacked & mailed sheriff
Rubble, Betty - Defendant Pro SeAddress: 1289 dinosaur ct
sugar hill, GA 30518
Summons: 9/27/2010 Tuesday, September 28, 2010 tacked & mailed sheriff

Mr. Slate - Plaintiff Pro Se Address: 3851 rock quary rd
buford, GA 30519



Documents ( Top )Document images may be obtained at the court house



09/30/2010 - sheriff's entry of service - sheriff
09/30/2010 - sheriff's entry of service - sheriff
10/04/2010 - answer - Rubble, Betty - defendant pro se


*The names and addresses above may have been changed to protect the innocent In this example the actually defendant Fred didn't respond, but the defendant pro se, Betty did (Fred did not sign the answer, it was mailed to me)

 

[army judge]

None of them can be removed until a trial has been held. At that time, should they fail procedurally, it'll make your life easier. Judge Hanna Barbera will eventually rule in your favor. But, nothing can (and will) happen prior to trial. If it did, then due process would be denied.

 

[obelix]

Thanks for your response. I appreciate it.

Should Fred shows up for trial with Betty, will the judge care if he filed an answer or not and still rule in my favor? I an answer absolutley required even if they show up together to trial.

If Fred shows up but Betty doesn't will the judge rule in my favor?

If Fred doesn't show, should I ask the judge right away to sign the writ at the beginning of the trial because Fred didn't show?

 

[army judge]

Thanks for your response. I appreciate it.

Should Fred shows up for trial with Betty, will the judge care if he filed an answer or not and still rule in my favor? I an answer absolutley required even if they show up together to trial.

If Fred shows up but Betty doesn't will the judge rule in my favor?

If Fred doesn't show, should I ask the judge right away to sign the writ at the beginning of the trial because Fred didn't show?

All you have to do is appear and be ready for trial. The judge will know what to do if someone is missing!!!!

 

[obelix]

Ok, so you were right,

I have the signed writ and paid the sheriff 25$ to execute the eviction, however they scheduled it for 11/03, about 3 weeks. The judge signed the writ "instanter" since it was a default judgement.

My question: can I go over some time when they are not there (since I can't forcefully move them to the street until the sheriff is present), and now do things like cut the electric, water, change the locks. etc. What is the limit to what I can do now that I have the instanter writ signed by the magistrate?

 

[army judge]

Ok, so you were right,

I have the signed writ and paid the sheriff 25$ to execute the eviction, however they scheduled it for 11/03, about 3 weeks. The judge signed the writ "instanter" since it was a default judgement.

My question: can I go over some time when they are not there (since I can't forcefully move them to the street until the sheriff is present), and now do things like cut the electric, water, change the locks. etc. What is the limit to what I can do now that I have the instanter writ signed by the magistrate?

Of course, I was correct. I'm a lawyer. I didn't spend those three years in law school partying.

What can you do now? Nothing. Well you can do what you're thinking about, but that'll get you in big trouble. Do nothing until the sheriff serves the writ.

Anything you do will interfere with their property rights. Don't do something foolish now, or this will cost you plenty.