Fulton county Georgia evictions - how fast??

Question

Seeing if any of you have experience with Fulton county and how fast they process evictions??

Our tenants leases gives until the 5th then rent is late and 100.00 fee applies plus 10 dollars each day and a 175.00 eviction fee.

So on the 5th if they don't pay we are giving them "notice to vacate" tacked on the door if they don't answer.Then filing dispossessory on Monday.They have 7 days to answer and court date is set.

I want them out by 3rd week at latest so I can recondition and get rented for September.The judge surely won't grant them more time if they are not paying right??

I don't see how a judge would want us to not get them out and lose Septembers income. Any thoughts appreciated.

Joel Owens · Answer

Thanks Angela. My original post was from over 2 1/2 years ago and since then I have been through the ring of fire with 20 units and tenants.

I concur that the Fulton county is horrible for evictions. It's one of the reasons I look to other counties for purchasing unless the property is going for really cheap in Fulton county. The other counties do not have the eviction volume and short Marshall staff that Fulton does to serve them. In other counties the whole process takes 3 to 4 weeks and they are out. Tenants know this so pay up in many cases versus playing games like in Fulton county.

Angela Farr · Answer

It's a terribly inefficient, long proce

1 month from filing dispossessory, to servicing notice to tenant.

1 month for a court hearing.

1 month for the Marshall's office to *schedule eviction.

If everything is done correctly, and you win, it could take 3 months.

As this was my first experience, there were two big mistakes I made that prolonged the process:

1)   In court, I agreed to give the tenant more time by creating a contract stating the terms of tenant re-payment.  However, I omitted one crucial statement in the agreement! A Writ of Possession would be given if the tenant defaulted!  I asked the clerks if the agreement was sufficient, but they are not permitted to give legal advice, so don't count on them for assistance. Errrr...  Due to the omission, I had to request another court date for the judge to re-grant another Writ of Possession! It, of course, took another month for a court date!

2) After I was granted Writ of Possession at the 2 court hearing, I thought, great! I'm done, I just wait for the Marshal to call. -Not the case.  After waiting a month, I call for the status. They inform me that although I was granted Writ of Possession, I still had to come back the next day and file for it!... Errrr....

The whole process took 5-6 months and the tenants owed me thousands ;((

Good luck!!!

I suggest paying the tenant one months rent to move out & forget the system.  You'll lose more time and money.

Brian Tsang · Answer

Deleted

Neal McSpadden · Answer

Last time I did an eviction in Fulton it took about a month to get a court date. The judge required all parties to go through a mediation while waiting for the case to be called.

Lynn James · Answer

Joel

Just left you a voice mail message with my number.

Joel Owens · Answer

You can call me if you want I can answer questions although will not give legal advice.

Lynn James · Answer

Joel

Can you tell me what happened with your case? I have to go in from of the judge this month in Fulton County and I am hoping the judge will evict.

Mark Updegraff · Answer

As long as you follow the book, you should be able to have them out within 3 weeks from filing the paper work.  Make sure you do everything right, or it will be longer.

I'm not from Fulton, but it should be similar.

I filed on the first for holdover (gave proper notice of tenancy termination, which is one full rental period, not just 30 days from when you give it).

My court date is the 9th.
If I win (i should) then I can file for eviction and be back in court on the 16th.  If I win that (and again I should), it will be in the marshall's hands for eviction.  They don't work on weekends.  It took about 10 days total before my Marshall did his job... hopefully yours is quicker... or better yet, they realize you're serious and don't let it go that far!

Good Luck!
Mark