State Court Dispossessory

Q. How do I evict someone from my property?

A. To file for a dispossessory warrant in DeKalb County, the property where the person to be evicted resides must be in DeKalb County. There are three grounds for filing a dispossessory warrant:

1. Tenant fails to pay rent that is due.
2. Tenant is holding over beyond the term.
3. Tenant is at sufferance.

Dispossessory warrants may be filed in State Court of DeKalb County or in the Magistrate Court.

Q. When will the dispossessory warrant be served and how will I know when it has been served?

A. The Marshal’s office makes every effort to serve papers as expeditiously as possible. Once service is perfected on the tenant in the manner required by law, the plaintiff or plaintiff’s attorney is notified by mail. In 2009, the Marshal served more than 32,500 dispossessory warrants.

Q. Will I get notified to come to court?

A. If a response to a dispossessory warrant is filed, then all parties are notified when and where to come to court.

Q. What is a writ of possession?

A. A writ of possession is an enforcement of a judgment to recover possession of land. It commands the Marshal or his deputies to enter land and give possession of it to the person entitled under the judgment. The Marshal or his deputies will execute the writ. However, the plaintiff or the plaintiff’s attorney must provide the labor to remove any belongings from the property. Please go to the link for the Marshal’s page for more information.

Q. How long will I have before I have to leave the property?

A. The order and judgment will indicate the date when the writ of possession may issue.