Dispossessory Answer 2022 – Georgia Court
The “Dispossessory Answer” form is used in the Magistrate Court of Clayton County, Georgia, for tenants to respond to eviction proceedings initiated by their landlords. This form allows the defendant (tenant) to provide their personal information and state the reasons why they believe the plaintiff (landlord) is not entitled to evict them or secure a money judgment. It also includes a section for the defendant to make counterclaims against the plaintiff. The form must be completed in full and filed by the specified deadline. Additionally, there is a section for the defendant’s consent to participate in video mediation or trial using the Zoom application. The document requires notarization or certification by a court clerk.
Filling out this form correctly is crucial in responding to an eviction notice. Follow these steps to ensure your form is completed properly:
Court Information
-
- Court Name and Location: At the top of the form, ensure the court name (Magistrate Court of Clayton County) and location (State of Georgia) are filled in correctly.
Case Details
-
- Plaintiff and Defendant Information: Fill in the names of the plaintiff (landlord) and defendant (your name or the tenant’s name).
- Case Number: Enter the case number provided in the eviction notice.
Defendant Information
-
- Check the Appropriate Box
- If you are the named defendant, check the box stating “I am the Defendant named above.”
- If you are an interested person, check the relevant box and indicate why you should be joined as a party defendant (e.g., you live at the property, your name is on the lease, or the plaintiff has accepted rent from you).
- Check the Appropriate Box
Reasons for Opposition
-
- Statement of Defense: Clearly state why you believe the plaintiff is not entitled to evict you or secure a money judgment. Use the provided space to explain your reasons in detail.
Counterclaim
-
- If you believe the plaintiff owes you money, state the amount and the reasons for the counterclaim.
Relief Requested
-
- Request to the Court: Indicate what you are asking the court to do, such as dismissing the plaintiff’s claim, including you as a party defendant, entering judgment in your favor on your counterclaim, and any other relief you deem appropriate.
Sworn Statement
-
- Signature and Notarization
- Sign the form where indicated.
- Have the form notarized by a Notary Public or certified by a court clerk/deputy clerk.
- Provide your identification details as required.
- Signature and Notarization
Personal Information
-
- Address and Contact Information: Fill in your street address, apartment number, city, state, zip code, and phone number.
Consent to Video Mediation/Trial
-
- Access to Technology: Indicate whether you have access to a device with a web camera that can use the Zoom app by checking the appropriate box.
- Signature and Date: Sign and date this section, and provide your printed name, email address, and phone number.
Submission
- Deadline: Make sure to submit the completed form by the deadline specified in the eviction notice. You may file the form online at odysseyefilega.com by 11:59 PM on or before the last day to answer the summons.
By carefully completing and submitting the Dispossessory Answer form, you ensure that your response to the eviction proceeding is properly recorded and considered by the court.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.