A Writ of Possession is an issued court order allowing the property owner to regain possession of their property. This is not limited to real property and may be issued for personal property such as vehicles. In most cases a Writ of Possession is issued by the Magistrate Court but can come from other courts as well. There are fees charged for this service by the Courts (click here for Magistrate Court fees). The majority of Writs of Possession are to evict persons from property.
You are required to obtain a certified copy of a Writ of Possession to Evict from the Clerk of the Court where you filed the Dispossessory Proceeding before action can be taken by the Sheriff's Office. Writs of Possession for Evictions are scheduled in the order they are received at the Sheriff’s Office.
Once the Writ is received the eviction date and time will be coordinated with you. If you do not schedule your eviction within thirty (30) days, the Writ will be returned to the Clerk of Court. The Civil Process Unit is available at 770-288-7124 for additional information.
General Eviction Information:
- All items found during the eviction that could be unsafe to the public, or in the hands of the public, must be identified to the Deputy for a determination on how those items are to be dealt with.
- Deputies do not assist in the physical removal of property.
- Deputies must be notified if any unhealthy conditions exist or may exist.
Residential Evictions: A labor force of at least two people per bedroom for residential evictions is required. If you are aware that the house is "packed" (full of items) you should increase your labor force to insure the eviction will be completed within two (2) hours.
Business Evictions: The labor required for a business eviction will be determined on a case by case basis. You must disclose if any alcohol or cigarettes (for sale) are present (such as a bar or restaurant); flammables or hazardous materials; groceries; if the power has been turned off for a long time. You must describe, in general terms, what types of items will be found at the business, especially heavy or bulky items.
To view a presentation on the eviction process in Georgia click here.