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.

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.

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

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.

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

Legislative Announcements

(Jury) Division A:

House Bill 77 Legislation passed in July 2021 and made effective January 1, 2022. The new law, provides that the current Jury Division be renamed DIVISION A. 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 click the following link to access House Bill 77 Legislation. https://gov.georgia.gov/document/2021-signed-legislation/hb-777/download

(Traffic) Division B:

House Bill 77 Legislation passed in July 2021 and made effective January 1, 2022. 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). 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. Please click the following link to access House Bill 77 Legislation. https://gov.georgia.gov/document/2021-signed-legislation/hb-777/download