Application and Order for Default Writ – Georgia Court

The Application and Order for Default Writ is used in dispossessory proceedings within the Magistrate Court of a specific county in Georgia. It is an official application and order for a Default Writ of Possession, which is a legal document that allows a landlord to regain possession of their property from a tenant who has failed to comply with the terms of their lease or rental agreement. This form ensures that all necessary information is documented for the legal process of evicting a tenant and reclaiming property.

Follow these steps to complete the form:

Header

1. • Fill in the name of the county where the court is located.

Case Information

1. • Date Filed: Enter the date when the form is being submitted.
   • Case No: Enter the case number assigned to the dispossessory proceeding.

Parties Involved

1. • Plaintiff(s): Write the full name and address of the plaintiff(s) (landlord or property owner).
   • Defendant(s): Write the full name and address of the defendant(s) (tenant).

Application for Default Writ

1. • Confirm that the case has been properly served to the defendant(s) and they have failed to respond within the legal timeframe.
   • Indicate that you are applying for:
     • (a) The issuance of a Writ of Possession as per O.C.G.A., section 44-7-53.
     • (b) Judgment in favor of the plaintiff for the amounts demanded in the affidavit previously filed with the court.
   • Date: Enter the current date.
   • Plaintiff Signature: The plaintiff should sign this section.

Order Section (to be completed by the Judge)

1. • The judge will fill in the amounts for:
     • Principal
     • Interest
     • Attorney’s fees
     • All costs of the proceedings
   • Date: The judge will enter the date.
   • Judge Signature: The judge will sign this section.

Writ of Possession

1. • To the Sheriff of ___________ County or lawful deputies of the Sheriff: The name of the county will be filled in.
   • The Sheriff is commanded to remove the defendant(s) and their property from the premises and deliver possession to the plaintiff.
   • Effective Date Options
     • Instanter (immediate action)
     • On a specific date (fill in the date)
     • Pursuant to the terms of a consent judgment (fill in the date)
   • Date: The magistrate will enter the date.
   • Magistrate Signature: The magistrate will sign this section.

Tips

• Ensure all information is accurate and complete before submission.
• Double-check the defendant’s address for correctness.
• Attach any necessary supporting documents, such as the affidavit filed by the plaintiff.
• Submit the form to the appropriate magistrate court for processing.