Yes. (OCGA 9-11-4) A Summons at the Defendant's residence or usual place of abode can be served to any person of suitable age and discretion (usually at least 13 years old) that resides in the same dwelling. Resources | Magistrate Court | Dekalb Magistrate Court DeKalb County, GA DeKalb County's eviction moratorium is set to end on Wednesday, Sept. 29, although the county will continue to distribute rental assistance until funding is exhausted, according to a press release from DeKalb County. The name Jury Division will not be used on and forward of January 1, 2022 and shall be referred to as DIVISION A of DeKalb County State Court. Please view more information on the particular divisions below. If any amount of rent is received and not returned to the tenant, it will stop the eviction and you have to begin all over. . We continue to communicate with you and the defendant. Evictions must be scheduled within 30 days of the issuance of a Writ. https://gov.georgia.gov/document/2021-signed-legislation/hb-777/download. Either check with the court online or the dispossessory filing service. The tenants answer is due within 7 days of the date of service. The Fire Marshal's Office has the responsibility to conduct fire and life safety inspections of existing buildings and structures, review plans and specifications for proposed buildings and structures, maintain records, and respond to customer questions and concerns relating to fire hazards. For Executing Bill Of Sale To Personal Property, When Demanded By Purchaser: Cost For Serving Any Or Proceeding Not Provided For Shall Be: Please keep in mind that the Plaintiff(s) (or their agent or attorney) must sign the dispossessory warrant form in front of a Deputy Clerk in the Clerks Office or a notary public. The judge is likely to dismiss the landlords case and they would have to file a new dispossessory warrant. State Court of DeKalb County Division A 1300 Commerce Drive Decatur, GA 30030 404-371-2000 311CCC@dekalbcountyga.gov. Browse our calendars to look up your case and find out it is scheduled. If the tenant was served by tack and mail, the plaintiff will not get a default judgment for any monies sued for. You may use the Magistrate Court Guide and File system to draft your Landlord-Tenant (Dispossessory) Affidavit or Answer. around 1,650 more were pending with the local marshal's office; and at least 3,000 more were estimated to be at earlier . What is a petition for removal? Hours of Operation: 8:30 a.m. until 4:30 p.m Monday through Friday (except holidays) Location 2: DeKalb County State Court Division B and Magistrate Criminal and Ordinance Courts 3630 Camp Circle . Please click the following link to access House Bill 77 Legislation. Email: dcrcinfo@dekalbcountyga.gov, Civil Matters Over in DeKalb County, landlord Vladimir Yampolsky also filed for an eviction in December. An answer to a dispossessory warrant must be filed in the Clerks Office by the seventh day after service. Andys education and early career were quite diverse: A graduate of Miami University of Ohio and the University of Chicago Divinity School, Andy has served as a Hospital Chaplain, Unitarian Minister, LAN/WAN/Voice/Video Engineer and had success in Corporate IT Sales. Email: dcrcinfo@dekalbcountyga.gov, Civil Matters Marshal - Fulton County Government That does not include late fees, court fees or upcoming renovations. Court date. To do so, they must first terminate the tenancy by giving 30 days' notice to move out. You need to have the defendants complete name and address and the property needs to be clearly marked. Please click the following link to access House Bill 77 Legislation. National eviction ban nixed, but DeKalb's remains in place DeKalb County State and Magistrate Clerks do not practice law, and the employees of State and Magistrate Courts cannot act as your attorney. Ph: 404.294.2150, Ordinance Matters May someone else file an answer on my behalf? We work with the county Sheriff and Marshal departments. How can I look up a Civil Court case? Please click the following link to access House Bill 77 Legislation. The State & Magistrate Court Clerks Office Dispossessory Division has implemented new workflow processes to ensure effective workflow and recently opened an additional customer window to ensure patrons are assisted in a timely manner. DeKalb County Clerk of Court Kim Brock, Due to COVID combined with the inheritance of a pre-COVID backlog from the prior administration, the Magistrate Court has been challenged with eliminating the eviction backlog. DeKalb to Prevent Tenant Evictions with $21 Million - DeKalb County GA The Marshal or his deputies will execute the writ. Eviction court backlogs are also affecting renters and rental prices across metro Atlanta. The program is designed to assist eligible families that have an annual family income of 80 percent of the median income for DeKalb County. For more information regarding Coronavirus (Covid-19) and court operations, visit the Announcements page. To apply for the help, residents will need to submit various documentation such as copy of the lease agreement, rental payments made, unemployment documentation, and other documentation that indicates risk of homelessness.. DeKalb has allocated roughly 11 percent of the $31 million it set aside for rental and. Clerk's Office DeKalb County Courthouse . There is a cause of action called an intruders warrant that is designed to be used where the occupant of a landlords property never had the right to be there. The ripple effect has already begun. A late Answer can result in a Writ of Possession being issued without a defendant having the opportunity to appear before a judge. 3630 Camp Circle | Decatur, Georgia 30032 For more information regarding Coronavirus (Covid-19) and court operations, visit the Announcements page. But almost two years later, metro Atlanta landlords are still dealing with a court system backlog, with some waiting more than a year before a judge hears their case. Please go to the DeKalb County Courthouse for your Lithonia rental property and proceed to the Clerks' Office, Room 200 to obtain the dispossessory warrant form. If I am not the owner, can I file a dispossessory warrant or come to court for the owner? William J. Taylor was sworn in as the 8th Chief Marshal of DeKalb County State Court and Chief Constable of DeKalb County Magistrate Court on February 1, 2021. . The process will likely be shorter than described above if a defendant does not file answer within seven (7) days of being served. Documents can be filed from home/office (24 hours a day, 7 days a week) or through . In addition, if you are making a demand for money, the exact amounts must be listed. For more information regarding Coronavirus (Covid-19) and court operations, visit the Announcements page. PDF Resolution a Resolution of The Governing Authority of Dekalb County It costs $54.00 to file a dispossessory warrant. Be sure to bring documentation with you to court, such as, tenant ledger, lease, and payment history. The Clerks Office has a designation of agency form that you can use for that purpose. The landlord may not take your rent because doing so jeopardizes their chance of having a judge issue a writ of possession. 3630 Camp Circle | Decatur, Georgia 30032 There is no charge to file an Answer. If you wish to remove your spouse from the home because of violence or a threat of violence, you can request a Temporary Protective Order from the Superior Court of DeKalb County. There are three grounds for filing a dispossessory warrant: 1. Be ready to appear in court on the date of the trial. Ph: 404.371.2822 DO NOT ACCEPT RENT PAYMENT if you intend on evicting the tenant. You should file your action in the Magistrate Court of the county where the other party resides. Magistrate Court | DeKalb County GA You cannot use a dispossessory warrant to remove a spouse from the home. (Retail - Office - Industrial - Apartments) 404-860-2444. info@evictthemforme.com. The goal of the day is to connect people with parks and improve physical, mental and spiritual health. Yes, there are rules around a Guaranteed Eviction. If you are the plaintiff and you fail to appear at court, the judge will dismiss the case for want of prosecution. Yes, you can mail your Answer, but in order to ensure that the Answer is received by the Clerks Office within seven (7) days, mailing must be done in a timely manner. Marshal's Sales. The Marshal will serve the warrant for a fee of $35.00 for each named defendant. We schedule the appointment and get all the work done within 4 hours! It is devastating financially, Yampolsky said. Dispossessory cases are heard three to four days per week on Mondays, Tuesdays, Wednesdays, and Thursdays. Send a standard three-day notice and demand for possession to the tenant. The Sheriff's Office is not responsible for evictions except when ordered by the courts. Parties represented by attorneys will have a longer wait due to the availability of attorneys for calendars. https://gov.georgia.gov/document/2021-signed-legislation/hb-777/download, Copyright 2023 DeKalb County State Court |, Click HERE to view the Amended Administrative Order. Civil Filings & Services | Documents | DeKalb County Court Written notice to the tenant of impending eviction is not required but is a good idea. If you have properly filed your Answer by efiling, you should receive an email confirmation of your filing. Ortscheid is now encouraging investors to buy elsewhere. If you are not present for the move-out inspection or your landlord does not do one, you may still have a right to your security deposit. Please use the buttons below to select the appropriate case type. Meet the Marshal. A landlord cannot remove the tenant from the premises in either situation. 2. We recognize that this task seems daunting and since December 2022, we have requested additional judicial and staff resources to assist us in working through these cases. Fulton County Chief Magistrate Judge Cassandra Kirk. I work during the day - are dispossessory cases heard in the evenings? Once a ruling is issued, all evictions in Georgia must be supervised by a marshal or sheriffs deputy, and some of those agencies are also playing catch-up. Chief Magistrate Judge Berryl A. Anderson Landlord-Tenant (Dispossessory) | Fulton County Magistrate Court, GA 3630 Camp Circle | Decatur, Georgia 30032 However, it still remains the homeowners responsibility to ensure the debris and trash are removed. If you can verify with the Clerks Office that the plaintiff has filed a dismissal of the case against you then you are not required to come to court. DeKalb County's eviction moratorium ends on Sept. 29 - Decaturish If the landlord has filed suit against the tenant, the tenant may seek to offset the reduction in the value of the leased property caused by the landlords failure to repair. Steps in the Eviction Process for Non-Payment of Rent in Dekalb County. Eviction Process Dekalb County - Atlanta Property Management You may also e-file your Answer. 556 N. McDonough Street | Decatur, Georgia 30030 Ph: 404.294.2099 If your landlord owns more than ten units or uses a property manager, you may be able to get three times the security deposit.. Ph: 470.542.9485, House Bill 77 Legislation passed in July 2021 and made effective January 1, 2022. Through our website you can explore the variety of cases that this court handles. The virtual town hall meeting will offer an opportunity for DeKalb County tenants who may be facing eviction and landlords who have filed a dispossessory to learn about how they can get eviction relief from DeKalb County. Centers for Disease Control and Prevention FAQs. We have a great deal of experience with the process, but we can also help you if your Lithonia rental property has a problem tenant. Civil Division | Location & Schedule | DeKalb County Court Of those, approximately 171,010 were landlord-tenant case filings. We lost our money. How can I proceed? If you cannot verify that the case has been dismissed, then you may wish to come to court. State Court of DeKalb County Division A Recognizing the need to create greater efficiencies and better response to the needs of residents of DeKalb County, the sanitation division has launched a comprehensive geographic information science (GIS) system to support the bulky collection process. You can also e-file your Answer for free on the computers at the Clerks office. The primary mission of the Fulton County Marshal's Department is to preserve the peace, protect lives and to serve the public by enforcing the orders, writs and precepts of the State and Magistrate Courts of Fulton County, and other courts of competent judicial authority, in a responsible, efficient, and cost effective manner. The court has ruled in my favor. Weve made phone calls to every person we can think of, every number weve been given, just dead ended.. Verify whether the tenant filed an answer with the court. He is a member of the Atlanta Apartment Association and has served on the board of Atlantas chapter of the National Association of Residential Property Managers (NARPM). Both invested in real estate to save for retirement. This celebration is a growing movement of prescribing nature to improve healthier lifestyles. The name Traffic Division will not be used on and forward of January 1, 2022 and shall be referred to as DIVISION B of DeKalb County State Court. It may be time to begin the eviction process. If the Court enters a judgment against you, unless directed otherwise, you pay that money to the plaintiff or their agent. The new law, provides that the current Traffic Division be renamed DIVISION B and courtrooms enumerated as State Court Divisions B-8 (formerly Division A), Division B-9 (formerly Division B), Division B-10 (formerly Division C), and Division B-11 (formerly Division D). There is no prosecution by the government in Civil Court. DeKalb Commissioner to Hold Tenant & Landlord Eviction Relief Virtual Vehicles can be removed by a wrecker service of your choosing and expense. Ph: 404.371.2261, Criminal Matters Tue, 02/09/2021 - 10:54 AM Today, DeKalb County CEO Michael Thurmond announced receipt of a $21 million grant from the Federal Emergency Rental Assistance program. Marshal. In 2009, the Marshal served more than 32,500 dispossessory warrants. There needs to be some accountability.. Please click the following link to access House Bill 77 Legislation. The new law, provides that the current Jury Division be renamed DIVISION A. You can print the designation form for your use. You need to have the defendants complete name and address and the property needs to be clearly marked. Contact Us - EVICT THEM FOR ME Once you have completed the dispossessory process, obtained your Writ of Possession and need to evict your tenant, you must: For further information, please call the Marshals Office at 404-371-2930. Forms | Affidavits and Garnishments | DeKalb County Court Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit. Wait until the time specified in the demand letter before filing a dispossessory warrant. Level A conformance. Eviction Notices. Since the landlord has 30 days to return your security deposit after you have vacated the premises, you must wait at least 30 days after you have vacated to ask for your security deposit back. Browse our calendars to look up your case and find out it is scheduled. Calendars begin at 9:00 am or 1:00 pm. It commands the Marshal or his deputies to enter land and give possession of it to the person entitled under the judgment. Atlanta-area judge enacts countywide eviction moratorium This is a user fee from Odyssey eFileGA, not from the Court. We Are Eviction Procedures | Dispossessory Process | DeKalb Court You can obtain certified copies of the Courts records for a fee if you require them. To mitigate this wait time, we have added zoom mediation slots to allow attorney cases to appear outside of their scheduled trial date for a faster resolution. The new law, provides that the current Jury Division be renamed DIVISION A. If a response to a dispossessory warrant is filed, then all parties are notified when and where to come to court. We Are Not A set out service nor a collections company that also does filings. 8:30 am until 5:00 pmMonday through FridayExcept Holidays, Clerks Office: 404-371-2261Civil Division: 404-371-2261Criminal Division: 404-294-2150Ordinance Division: 470-542-9485Diversion Court: 404-371-2241Marshals Office: 404-371-2930, Clerks OfficeDeKalb County CourthouseAdministration Tower556 N. McDonough Street2nd FloorDecatur, GA 30030, Civil MattersDeKalb County CourthouseAdministration Tower556 N. McDonough Street, 2nd Floor, Room 230Decatur, GA 30030, Criminal Matters3630 Camp CircleDecatur, Georgia 30032, Ordinance Matters3630 Camp CircleDecatur, Georgia 30032. 44-7-55). Your partner working to solve your problem - not just file, litigate, set out, and collect. If the landlord subtracts any damage done to the property from the security deposit, the landlord must mail you the list along with the remainder of the security deposit. This will be mailed to the forwarding address you provided. Once the Deputy has made a safety sweep of the location and given you permission to start, have your labor crew remove all items belonging to the defendant(s) and place them on the closest right-of-way. Devastating eviction court backlogs impact metro landlords, renters. DeLoach is still out $17,000 in unpaid rent. There are around 1,651 writs for eviction currently pending in the DeKalb County marshal's office. I have paid the past due rent to my landlord, do I still need to come to court? 3630 Camp Circle | Decatur, Georgia 30032 National Alliance on Mental Illness DeKalb. It is very frustrating. All the pages on our website will meet W3C WAI's Web Content Accessibility Guidelines 2.0, A landlord who cuts off utilities may be subject to misdemeanor prosecution under O.C.G.A. Downloadable Forms (New Forms Available) Filing Fees View Court Calendars Civil Suits Location: Room 230, DeKalb County Courthouse Phone: 404-371-2261 Additionally, renters and landlords can get assistance and more information by calling 404-371-3201 beginning 9 a.m. on Friday. You can view a sample of the form here. Lorem ipsum dolor sit amet consectetur adipiscing elit dolor, Centers for Disease Control and Prevention FAQs. 3630 Camp Circle | Decatur, Georgia 30032 DeKalb County's local ban on evictions will expire Wednesday. There are opportunities still out there if youre going to invest in new properties.. Cost For Serving Any Paper Or Proceeding Not Provided For Shall Be : 35.00 Commission On Sales Of Property : - On Sums Of $50.00 Or Less 8% - On Sums Of $50.00 Or Less 8% - For All Sums Of $550.01 Or More : 3% No commissions shall be charged unless property is actually sold. The sale takes place in front of the DeKalb County Courthouse. At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. https://gov.georgia.gov/document/2021-signed-legislation/hb-777/download, House Bill 77 Legislation passed in July 2021 and made effective January 1, 2022.