PROPERLY EXECUTING THE WRIT OF POSSESSION IN GEORGIA

PROPERLY EXECUTING THE WRIT OF POSSESSION IN GEORGIA

The execution of the Writ of Possession is a critical final step in the eviction process. It must be handled with precision and care to ensure a successful and complete eviction action. Many property managers, including those at Local Evictions LLC, must be aware of the complexities involved in this process. This guide outlines the mechanics, potential problems, and best practices for executing the Writ of Possession under Georgia law.

The Mechanics

Issuance of the Writ: After obtaining a final judgment of eviction, the decision must be made whether a Writ of Possession (Writ) is necessary. If deemed necessary, Local Evictions LLC’s attorney submits the Writ to the Clerk of Court, along with a fee (usually $70.00) for the Sheriff’s Department. The Clerk confirms the final judgment and “issues” the Writ, which is then processed by the Sheriff’s Department.

Service of the Writ: A Deputy is assigned to serve the Writ upon the resident. If the resident is absent, the Writ is taped to the door, informing the resident of a 24-hour notice to vacate.

Notification to Local Evictions LLC: The Deputy contacts the property manager at Local Evictions LLC to schedule the execution of the Writ.

The Problem

The Deputy’s call serves two purposes: to inform Local Evictions LLC that the Writ has been served and to schedule the execution. However, the Deputy may also ask if the Writ’s execution is “needed.” If the manager says “no,” the Writ is returned as “unexecuted” or “incomplete.”

Why Does The Deputy Ask If The Writ Is Wanted? The Deputy’s schedule can be tight, and any cancellation frees up time. However, this can lead to problems for Local Evictions LLC.

What Does the Deputy Say? The Deputy may ask if the resident is still in the rental unit. If the property appears empty, the Deputy may ask if the Writ’s execution is “needed.” This can lead to misunderstandings.

The Consequences of Telling the Deputy “NO”

1. The Resident May Return: If the Writ is unexecuted, the resident has NOT been officially evicted and may return. This could necessitate a new writ or even a new eviction process.
2. The Resident May Return Looking for Personal Property: If the resident’s property has been disposed of without executing the Writ, the manager could be held liable.
3. The Resident May Use Common Areas: Without a completed eviction, a Deputy may be reluctant to trespass the “former” resident from common areas.
4. Wasted Costs: The Writ costs $90.00, paid for by Local Evictions LLC’s attorney. By canceling the Writ, liability is increased, the eviction is left incomplete, potential problems are raised, and money is wasted.

When the Deputy Calls, What Should Local Evictions LLC Say?

When the Deputy calls to set up the Writ execution time and day, if asked if the resident is still there or if the Writ is still needed, Local Evictions LLC should simply say “YES.” Completing the eviction process is essential to avoid potential legal complications and financial losses.

Conclusion

Properly executing the Writ of Possession is a vital part of the eviction process in Georgia. Local Evictions LLC must be diligent in understanding and following the legal procedures to ensure a smooth and successful eviction. By adhering to the guidelines outlined in this article, Local Evictions LLC can minimize risks and complete the eviction process efficiently and effectively.