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1. Can I use self help to evict the tenant from the rental property without the commencement of a dispossessory?

No. A landlord may legally remove a tenant and the tenant's property from rented premises only under the dispossessory procedure. If a landlord uses self help to evict a tenant without a dispossessory it is a tort for which the tenant may recover damages in a civil action, and a landlord who cuts off utilities may be subject to misdemeanor prosecution under OCGA 44-7-14.1.

2. I am the defendant and have been served with a lawsuit, what do I need to do?

You can submit your answer in writing to the court. Another option is to consult with an attorney.You must file the answer within 30 days of being served. Answers for landlord-tenant matters must be filed within seven days. The date after service is counted as day one. If the 7th day falls on a day when the court is closed (a weekend or legal holiday), the answer is due on the next day the court is open. Answers must be filed to be legally sufficient. The date of mailing is not the date of filing. If you are close to the deadline for filing your answer, bring your answer to court and file it with the clerk yourself. Do not let an inadvertent delay in mail delivery cause you to waive your legal defenses. There is no cost to file an answer.

On the 31st day after service, the case goes into default. However, the defendant has an additional 15 days to open the default by filing a late answer and paying all court costs along with the answer. While you may file an answer beyond the 45th day following service, such answer may be a legal nullity and void. You protect your rights by timely filing an answer with the clerk of court.

If you are also contending that the plaintiff actually owes you money, you should file a counterclaim against the plaintiff at the time you file your answer against the claim the plaintiff has filed against you.

3. I am the judgment creditor and my judgment has been paid, what do I need to do?

Upon payment of the entire debt upon which a judgment or writ of fieri facias (FiFa) has been issued, the judgment creditor shall timely (within 60 days) direct the clerk(s) of the appropriate court(s) in person or writing to:

• Cancel the writ of FiFa, if a writ was issued
• Mark the judgment satisfied

The failure to timely comply may subject the judgment creditor to monetary damages, O.C.G.A. 9-13-80. The writ of FiFa should be canceled with clerk of superior court in each county where you filed the writ. Also, this form should be submitted to clerk on all judgment and consent judgments upon receipt of full payment.

4. What are the requirements for a landlord filing a dispossessory action?

The relationship between the parties must be landlord and tenant. The tenant must be either a tenant holding over, a tenant at will, a tenant at sufferance, or not paying rent as it becomes due. The landlord must have made a demand for possession of the premises prior to commencement of the proceedings.

5. Can I appeal my civil case if I lose?

Yes, to appeal your civil case you must file a notice of appeal with the clerk of Magistrate Court within 30 days of the entry of judgment by the court. Appeals from dispossessory cases have to be filed within seven days and follow a different format. You must send a copy of the appeal to the other party.

If your case is appealed, it will be transferred to the Superior Court of Murray County. When a case is transferred pursuant to an appeal, the case will be assigned a new case number and will be scheduled for a new trial. You will receive notice from the Superior Court as to when your new trial will be held.

6. The tenant has filed his or her answer, so when will the hearing be held?

After an answer is filed in a dispossessory action, the court will call you to while the defendant is in the office filing their answer. We will schedule the hearing for the next business day available for our dispossessory calendar. Dispossessory calendars are usually heard every weekday morning at 9:00 am.

7. Can I reduce my claim to $15,000 and file it in Magistrate Court?

You can limit your claim to $15,000, even if you feel that you are owed more than that amount and file your case in Magistrate Court. However, your recovery will be limited to $15,000, even if your case is later appealed to a court which can award more than that amount.

8. How do I file my civil case?

You can file your case by preparing a statement of claim with the clerk of Magistrate Court. The defendant must be a resident of Murray County, and you will need to know the defendant’s address to file this claim.

A Statement of Claim Form is available at the Magistrate Court clerk's office. Your claim must set forth the facts, which form the basis of your suit. You do not have to recite all of the evidence that you intend to produce at trial, but you should provide enough information so that the defendant will know what he or she is being sued for. If you have documents that support your case, you should attach those documents to the Statement of Claim (for instance, attach invoices, statements of account, contracts, work orders, etc.).

The cost to file a civil claim with the Murray County Magistrate Court is $97.00 for the filing fee.

9. What services are not handled by Magistrate Court?

Murray County Superior Court handles child support, divorce and divorce cases, and land disputes. Contact Superior Court at (706) 695-2932.

Murray County Probate Court handles death and birth certificates, marriage licenses or certificates, and traffic violations. Contact Probate Court at (706) 695-3812.

Restraining orders must be done by an attorney.

10. Where should I file my case?

You must file your case in the county in which the defendant (the party you are suing) resides. This requirement is referred to as venue.

• Individuals: For an individual, venue is the county of the person's legal residence.
• Businesses:
  The proper venue for a business defendant is determined by the type of business. For a sole proprietorship, the suit should be brought in the county in which the owner of the business resides. For a partnership, the suit should be brought in the county in which at least one of the owners resides. For a corporation, the suit should be brought in the county which the corporation has designated with the secretary of state as its registered office.
• Multiple Defendants: For multiple defendants, you can file your case in any county in which venue would be proper for at least one of the defendants, if they are jointly and severally liable.
• Out of State Parties: For a party which lives outside the State of Georgia, or a corporation from outside the State of Georgia, your case should be filed in the county in which the transaction or occurrence giving rise to the claim took place.