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GEORGIA DISPOSSESSORY PROCEEDINGS & WRITS OF POSSESSION (EVICTIONS)

Georgia Civil Process In General ►◄ Georgia Court Security and Courthouse Security ►◄ Georgia Dispossessory Proceedings & Evictions ►◄ Georgia Fi. Fas & Levying ►◄ Georgia Landlord-Tenant ►◄ Georgia Written Courthouse Security Plan Required ►◄ Georgia Foreclosure & Seizure

House Bill 762 (HB762) This Bill drastically changed how evictions are carried out by law enforcement! It became effective July 1, 2004. It modified O.C.G.A. § 44-7-55 (see next item below). As always consult with your County Attorney or Attorney on this and all matters involving interpretation of the law!

RentList.net


Suggested Reading/Reference Materials - Georgia Civil Process

**** Georgia State Court Bench Book, Council of State Court Judges, Wayne M. Purdon Covers Landlord/Tenant; Personal Property Foreclosures; Garnishment and other Civil & Criminal Topics

Dawkins’, Georgia, Landlord and Tenant - Breach and Remedies with Forms, The Harrison Company, Norcross, GA. Now sold by Thomson*West.

Georgia Pleading, Practice, & Legal Forms Annotated, 2d, By Charles R. Adams, III (commonly known as "Brown’s Forms"). The Harrison Company, Norcross, GA . Now sold by Thomson*West.


Georgia Law, No Case Law Free Official Code of Georgia, No case law

Georgia Law by LawSkills with Case Law, Years 1950 to 2002 Free Official Code of Georgia, Case Law, Years 1950 to 2002 *** Free but donations are welcome ! ***

Georgia Civil Practice Act of 1966 as amended, O.C.G.A. 9-11-1 thru 9-11-132 (The act itself is defined in O.C.G.A. § 9-11-85)

Civil Process can be governed by Codes, Court Rules, Case Laws, etc.!

Examples of Some Search Terms: "Rule of Court," "Rules of Civil Procedure," "Rules of Process," "Administrative Code," "Administrative Code," "Case Law," "Local Law," "Code," "Statue," "Law," etc.

When a Bill does not have an effective date, it becomes law automatically on July 1st according to the Clerk of the Georgia Legislature.

RentLaw.com

Rentlist State of Georgia Landlord Tenant Law - Eviction Law

Georgia: State of Georgia, Non Public Post Secondary Education Commission If doing an eviction, contact these people for Non Public Post Secondary Education Schools


Key Terms - Index to Key Terms That are Below in the Next Table

 

Abandoning Containers or Discarding Motor Vehicle

 

Civil Fraud

 

Deceit & Fraud

Deprived Child

Derelict Motor Vehicles

Dispossessory Proceedings

Dispossessory Proceedings, Service of

Distress Warrants

 

Evictions

Eviction Stats: RealtyTrac

Eviction Stats: EquityDepot.net

Eviction, Wrongful Foreclosure

 

False Statements in Affidavit or Answer

Fixtures

Fraud, Civil

Fraud & Deceit

 

Gangs

Georgia Department of Revenue, Alcohol and Tobacco Division

Georgia Landlord-Tenant Hotline

 

Handicap Persons

Health Issues During Evictions

 

Landlord's Duties as to Utilities

Landlord Tenant Relations

Lease Agreements

 

Mobile Home

 

Obscene Material

 

Private Process Server

 

RentLaw.com

 

Security Deposit


Service Members' Civil Relief Act (SCRA), 50 U.S.C. App. §§501–596 "The Soldiers and Sailor's Relief Act was recently updated in a bill signed by President Bush on Dec 19, 2003. It's now called the Service Members' Civil Relief Act." (From Baseops.Net article)

A JUDGE’S GUIDE TO THE SERVICE MEMBERS CIVIL RELIEF ACT



Tack & Mail

Theft by deception

Tender of Rents

Trailer AKA Transportable Housing

 

Utilities, Turned Off by Landlord

 

United States: U.S. Courts All of the Court of the United States. This is a map link that is very useful.

United States: United States Bankruptcy Court

 

Writ of Possession

 


Go to the following link to look up the code ( O.C.G.A. §) sections listed below (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/


Key Terms

Go to the following link to look up the listed code sections (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/

Abandoning Containers or Discarding Motor Vehicle

O.C.G.A. § 16-11-100

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Appeal

Constitution of the State of Georgia, Article VI, Section VI, Paragraph III

O.C.G.A. § 5-6-34

O.C.G.A. § 23-3-3

O.C.G.A. § 23-3-4

O.C.G.A. § 23-4-2

O.C.G.A. § 23-4-38

O.C.G.A. § 44-7-56

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Croppers and Servants

O.C.G.A. § 44-7-57

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Deprived Child

O.C.G.A. § 15-11-2(8)

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Derelict Motor Vehicles

O.C.G.A. § 40-11-09

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Discarding Motor Vehicle or Abandoning Containers

O.C.G.A. § 44-7-55

House Bill 1273 (HB 1273)

O.C.G.A. § 44-7-50

"Evictions and Dispossession"

SB 94 was signed by the Governor on 05/24/2007: Dispossessory Proceedings; clarify the process for judgments by defaults

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Dispossessory Proceedings

O.C.G.A. § 16-11-100

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Dispossessory Proceedings, Service of

O.C.G.A. § 44-7-51

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Distress Warrants

O.C.G.A. § 44-7-77

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Evictions (Writ of Possession)

House Bill 762 (HB762) This Bill drastically changed how evictions are carried out by law enforcement! It became effective July 1, 2004. It modified O.C.G.A. § 44-7-55 (see next item below). As always consult with your County Attorney or Attorney on this and all matters involving interpretation of the law!

O.C.G.A. § 44-7-55

O.C.G.A. § 44-7-55 (c) Deals with Execution of Writ of Possession to evict

O.C.G.A. § 44-7-53

"Evictions and Dispossession"

Bentley-Kessinger, Inc. v. Jones et al. 186 Ga. App. 466, 367 SE2d 317 (1988) By LawSkills.com

Rentlaw.com

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Eviction, Wrongful

Landlord-Tenant Handbook, March 1988 By the Georgia Department of Community Affairs, Housing Development. Landlord-Tenant Hotline: 404-463-1596 or 800-369-4706.

9 S.E. 174, 81 Ga. 716, Jefferson v. Hartley, (Ga. 1889) (Sheriff’s Bonds) (official bonds) (wrongful eviction).

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False statements in affidavit or answer

O.C.G.A. § 44-7-53

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Fixtures

O.C.G.A. § 44-7-11

O.C.G.A. § 44-7-12

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Foreclosure

Georgia: Hope for Homeowners Prevent foreclosure on your home. National phone line: 888-995-4453. Gwinnett County: The IMPACT! Group, 2825 Breckinridge Blvd., Suite 160, Duluth, GA, phone 678-808-4477, http://www.theimpactgroup.org/

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Fraud & Deceit (Civil Fraud)

O.C.G.A. § 23-2-52

O.C.G.A. § 23-2-53

O.C.G.A. § 51-6-2

O.C.G.A. § 51-6-4

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Gangs

O.C.G.A. § 16-15-4

Georgia Street Gang Terrorism and Prevention Act HB1302

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Georgia Department of Revenue, Alcohol and Tobacco Division

Regulates: Alcohol, Tobacco, Coin Operated Amusement Machines

(Procedures for Requesting Administrative Charge Assistance from the State Revenue Commissioner, (Coin-Operated Amusement Machines)

Alcohol and Tobacco Division Main Page

Alcohol & Tobacco Forms Page

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Georgia Landlord-Tenant Hotline

Georgia Landlord-Tenant Handbook "This Handbook contains information on Georgia landlord-tenant law as of April 2005 and, as such, may not reflect the current status of Georgia law."

Handicap Persons

O.C.G.A. § 30-4-1

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Health Issues During Evictions (These may or may not represent any health issues beyond annoying to the Deputy and Eviction Crew)

Allergies and Cockroaches

Allergies and Fungus

Animal Waste

Bed Bugs Harvard School of Public Health

Bird fever: Infectious Diseases Humans Can Catch from Birds

Dust Mites

Fleas

Frequently Asked Questions About Drycleaning

Freon Exposure and Your Health

Funeral Homes - Industry-SpecificEnvironmental & Safety Guidance

Hantavirus: An Introduction, the disease caused by rodent dropings

Legionnaires' Disease

Lyme Disease

Molds and Sick Building Syndrome

Tetanus and a Rusty Nail

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Landlord's Duties as to Utilities

O.C.G.A. § 44-7-14.1

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Landlord Tenant Relations

Landlord-Tenant Handbook, March 1988 By the Georgia Department of Community Affairs, Housing Development. Landlord-Tenant Hotline: 404-463-1596 or 800-369-4706.

O.C.G.A. § 44-7-14.1

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Lease Agreements

Free "Georgia Residential Lease Agreement" By Internet Legal Research Group™ Caution: Always Check with An Attorney for Legal Advice!

Free "Georgia Commercial Lease Agreement By Internet Legal Research Group™ Caution: Always Check with An Attorney for Legal Advice!

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Mobile Home

O.C.G.A. § 44-7-59 (Ten Day Rule) Removal of transportable housing from lands subject to writ of possession. (Mobile Homes) (Trailer) (Transportable Housing)

O.C.G.A. § 8-2-171. Health and Safety Standards for Pre-Owned Manufactured Homes; Inspections; Immunity

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Obscene Material

O.C.G.A. §16-12-80

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Private Process Server

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Security Deposit

House Bill 1272 (HB 1273)

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Tack & Mail

O.C.G.A. § 44-7-59 (Ten Day Rule) Removal of transportable housing from lands subject to writ of possession. (Mobile Homes) (Trailer) (Transportable Housing)

Can you tack an empty business? Davis v. Hybrid Industries, Inc. 142 Ga. app. 722, 236 S.E.2d 854 (1977)

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Tender of Rents

O.C.G.A. § 44-7-52

O.C.G.A. § 44-7-53

O.C.G.A. § 44-7-54

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Theft by Deception

O.C.G.A. § 16-8-3

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Trailer AKA Transportable Housing

O.C.G.A. § 44-7-59 (Ten Day Rule) Removal of transportable housing from lands subject to writ of possession. (Mobile Homes) (Trailer) (Transportable Housing)

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Utilities, Turned Off by Landlord

O.C.G.A. § 44-7-14.1

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Writ of Possession (Eviction)

O.C.G.A. § 44-7-53

O.C.G.A. § 44-7-54

O.C.G.A. § 44-7-555

O.C.G.A. § 44-7-56

SB 94 was signed by the Governor on 05/24/2007: Dispossessory Proceedings; clarify the process for judgments by defaults

§ 44-7-55. Judgment; writ of possession; landlord's liability for wrongful conduct; distribution of funds paid into court; personal property. Removal and Placement of Tenant's Property during eviction

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