Application to Execute Writ of Possession

This document is the “Application to Execute Writ of Possession” used in the Magistrate Court of Fulton County, Georgia. It is intended for plaintiffs who need to request the court to issue a writ of possession, which allows the removal of defendants and their property from specified premises. The form requires completion and submission to the court for processing and authorization.

Filling out this form correctly is crucial to ensure the legal process proceeds smoothly. Below is a step-by-step guide to assist you in completing the form:

Court Information

1. • At the top of the form, fill in the “MAGISTRATE COURT OF FULTON COUNTY” and “STATE OF GEORGIA”.

Case Number

1. • Enter your case number in the “Case No.” section.

Plaintiff and Defendant Information

1. • Plaintiff: Enter the name and address of the plaintiff (the person or entity filing the application).
   • Defendant(s): Enter the name(s) and address(es) of the defendant(s) (the person or entity against whom the application is filed).
   • Property Address: Enter the address of the property from which the defendant(s) is to be removed.
   • Email Address: Provide a valid email address for the plaintiff.

Grounds for Application

1. • Check the appropriate box to indicate the reason for the application:
     • If the defendant failed to file an answer and the plaintiff has not accepted any money.
     • If the defendant failed to comply with a court order, specify the missed payment(s) and the date(s) they were due, ensuring the plaintiff has not accepted any money after the specified date.
     • If there are other reasons, provide details in the “Other” section.

Sworn Statement

1. • Fill in the date and sign the form in the presence of a deputy clerk or notary public. This section includes:
     • Date: Enter the date when the application is sworn and subscribed.
     • Signature: The applicant (plaintiff, attorney, owner, or agent) must sign the form.
     • Phone Number: Provide a contact phone number for the applicant.
     • Notary Public/Deputy Clerk: This section must be completed by a deputy clerk or notary public.

Writ of Possession

1. • Leave this section blank as it is to be completed by the court.
   • This section authorizes the marshal or deputies to remove the defendant and their property from the premises and deliver possession to the plaintiff.
   • The judge of the Magistrate Court of Fulton County will sign and date this part.

Outcome and Comments

1. • This section is for court and marshal use only. It includes options to indicate if the premises were vacated, settled, ejected, or if the writ was held up, along with space for any additional comments.
   • The deputy marshal will fill in the date and their signature after executing the writ.

Submission

1. • After completing the form, submit it to the Magistrate Court of Fulton County for processing. Ensure all sections are accurately filled out and signed where required.

Following these steps will ensure that the “Application to Execute Writ of Possession” form is correctly completed for submission to the court.