Augusta
Civil and Magistrate Court
Instructions For Filing Dispossessory Affidavits
Instructions for filing Dispossessory Affidavits in Magistrate Court
TO ALL LANDLORDS OR THEIR AGENTS:
The Deputy Clerks cannot give legal advice. Only a lawyer can give you legal advice. A Landlord has the burden of keeping track of the progress of his or her case.
Please read these instructions in their entirety before filling out the affidavit.
An affiant is the person signing the affidavit. A landlord may be a person, a corporation, or a partnership.
A tenant may be a person, a corporation or a partnership.
“Azalea Apartments” is not a proper party. “Jefferson, Inc. D/B/A Azalea Apartments” is a proper party.
The affidavit form is designed primarily for use when rent is owed, or a tenant is holding over after the lease has expired. If you have other legal grounds, they can be stated; however, if your situation does not lend itself to using the form you should probably retain a lawyer.
- Dispossessory warrants are primarily designed for the removal of the tenant, not for the collection of the rent.
- Demand for possession of the premises must be made to the tenant before you can swear out a dispossessory affidavit.
- Dispossessory affidavits must be sworn to before a Deputy Clerk or a notary public.
- The filing fee (Deposit) consists of costs for filing the affidavit and service of the dispossessory on the tenant by the Deputy Marshal.
Cost Schedule
For affidavit and service on one (1) tenant |
$72.00 |
For affidavit and service on two (2) tenants |
$97.00 |
Each additional service |
$25.00 |
Writ (Must be paid at time of filing) |
$25.00 |
Note: Deposits are non-refundable. This office does not accept personal checks or credit cards.
- Please have the following paperwork when filing a dispossessory action.
For 1 Tenant: One (1) original and two (2) copies of the dispossessory form and one (1) letter size plain envelope with sufficient postage affixed.
For 2 Tenants: One (1) original and four (4) copies of the dispossessory form and two (2) letter size plain envelopes with sufficient postage affixed.
- Once the tenant has been served, you will receive a post card from the Marshal’s Department advising of the service date. The tenant has seven (7) days from the date of service to file an answer. When an answer is filed, a hearing will be scheduled and you will receive a copy of the notice advising of the date, place and time to appear for the hearing. If the tenant does not answer, you may come into the office and request a judgment and writ of possession on the eighth day after the tenant has been served.
- Labor for the removal of the tenant’s property is the responsibility of the landlord. The Deputy Marshal cannot remove the property.
Options that are available for collection
There are at least two methods that are available to you for collection of a judgment rendered in Magistrate Court. There is no guarantee that either of these methods will be successful:
- Garnishment- A means of legally seizing wages or property of a person being held by a third person such as an employer or bank. The defendant must be employed in Richmond County, Georgia or have an active bank account, (you must know where the person works, or the bank where the person holds their funds.) Cost for filing a garnishment is $93.00.
Garnishment forms needed for filing are located in the Clerk’s Office along with the instructions for filing. Please indicate to the Clerk if you are filing a garnishment on a bank account, an employer, or other entity.
- Levy- After the fifa has been issued and recorded on the General Execution Docket, you may ask the Clerk to direct the fifa to the Marshal’s Department which will explain the procedure from this point, and should you decide to use this method. Cost for this action is $25.00.
Instructions for filing Dispossessory Affidavits in Civil Court
TO ALL LANDLORDS OR THEIR AGENTS:
The Deputy Clerks cannot give legal advice. Only a lawyer can give you legal advice. A Landlord has the burden of keeping track of the progress of his or her case.
Please read these instructions in their entirety before filling out the affidavit.
An affiant is the person signing the affidavit. A landlord may be a person, a corporation, or a partnership.
A tenant may be a person, a corporation or a partnership.
“Azalea Apartments” is not a proper party. “Jefferson, Inc. D/B/A Azalea Apartments” is a proper party.
The affidavit form is designed primarily for use when rent is owed, or a tenant is holding over after the lease has expired. If you have other legal grounds, they can be stated; however, if your situation does not lend itself to using the form you should probably retain a lawyer.
- Dispossessory warrants are primarily designed for the removal of the tenant, not for the collection of the rent.
- Demand for possession of the premises must be made to the tenant before you can swear out a dispossessory affidavit.
- Dispossessory affidavits must be sworn to before a Deputy Clerk or a notary public.
- The filing fee (Deposit) consists of costs for filing the affidavit and service of the dispossessory on the tenant by the Deputy Marshal.
Cost Schedule
For affidavit and service on one (1) tenant |
$54.00 |
For affidavit and service on two (2) tenants |
$79.00 |
Each additional service |
$25.00 |
Writ (Must be paid at time of filing) |
$25.00 |
Note: Deposits are non-refundable. This office does not accept personal checks or credit cards.
Accrued Cost
Judgment and Writ |
$6.00 |
Execution of Writ/Eviction |
$25.00 |
Posting of final notice/No eviction |
$10.00 |
Satisfaction/Dismissal |
$3.00 |
This cost will be billed to you when and if any of the actions are enforced.
- Please have the following paperwork when filing a dispossessory action.
For 1 Tenant: One (1) original and two (2) copies of the dispossessory form and one (1) letter size plain envelope with sufficient postage affixed.
For 2 Tenants: One (1) original and four (4) copies of the dispossessory form and two (2) letter size plain envelopes with sufficient postage affixed.
- Once the tenant has been served, you will receive a post card from the Marshal’s Department advising of the service date. The tenant has seven (7) days from the date of service to file an answer. When an answer is filed, a hearing will be scheduled and you will receive a copy of the notice advising of the date, place and time to appear for the hearing. If the tenant does not answer, you may come into the office and request a judgment and writ of possession on the eighth day after the tenant has been served.
- Labor for the removal of the tenant’s property is the responsibility of the landlord. The Deputy Marshal cannot remove the property.
Options that are available for collection
There are at least two methods that are available to you for collection of a judgment rendered in Civl Court. There is no guarantee that either of these methods will be successful:
- Garnishment - A means of legally seizing wages or property of a person being held by a third person such as an employer or bank. The defendant must be employed in Richmond County, Georgia or have an active bank account, (you must know where the person works, or the bank where the person holds their funds.) Cost for filing a garnishment is $75.00.
Garnishment forms needed for filing are located in the Clerk’s Office along with the instructions for filing. Please indicate to the Clerk if you are filing a garnishment on a bank account, an employer, or other entity.
- Levy - After the fifa has been issued and recorded on the General Execution Docket, you may ask the Clerk to direct the fifa to the Marshal’s Department which will explain the procedure from this point, and should you decide to use this method. Cost for this action is $25.00.
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