Dispossessory Answer – Georgia Court
The Dispossessory Answer Form is a legal document used by defendants or occupants to respond to a dispossessory (eviction) lawsuit filed by a landlord. This form is specifically utilized in the Magistrate Court of Fulton County, Georgia. It allows the respondent to outline their defense against the claims made by the plaintiff (landlord) and assert any counterclaims they might have. The Dispossessory Answer Form ensures that the defendant or occupant can formally present their side of the dispute and request the court to consider their arguments and any compensatory claims against the landlord.
Filling out the Dispossessory Answer Form is crucial to properly respond to an eviction lawsuit. Follow these steps to complete the form accurately:
Header Information
- Case Number: Write the case number assigned to your eviction lawsuit.
- Plaintiff and Defendant: Fill in the names of the plaintiff (landlord) and the defendant (your name if you are the tenant).
- Plaintiff’s Email: Provide the email address of the plaintiff if known.
Identifying Your Role
- Check the appropriate box to indicate whether you are the “Defendant” or an “Occupant” of the property in question.
Responding to the Plaintiff’s Claims:
- Read each statement carefully and check the boxes that apply to your situation. For example:
- Check the first box if the plaintiff is not your landlord.
- Check the second box if there is no landlord-tenant relationship.
- Check other applicable boxes if your landlord failed to give proper notice, did not demand that you move before filing the lawsuit, refused your rent payment, or failed to repair the property.
- If none of the provided statements apply, check the “Other” box and provide a detailed explanation.
Providing Additional Details
- Use additional sheets of paper if you need more space to explain your situation. Clearly reference the specific section of the form that your additional information pertains to.
Counterclaims
- If you believe your landlord owes you money, fill in the amount and provide the reason. Examples include:
- Deductions for unmade repairs reducing the property’s value.
- Reimbursement for repairs you paid for and completed.
- Damages to your property or person resulting from the landlord’s failure to repair.
- Include all relevant receipts and documents to support your counterclaims. Bring these documents to your trial.
Requesting Court Action
- In the “WHEREFORE” section, you are asking the court to take specific actions:
- (a) Dismiss the plaintiff’s lawsuit and assess costs against the plaintiff.
- (b) Enter a judgment in your favor.
- (c) Provide any other relief the court deems just and proper.
Certification and Signature
- Print your name clearly.
- Sign the form in the presence of a Deputy Clerk.
- Provide your phone number.
- The Deputy Clerk will fill in the date and their information to notarize the form.
Notice of Trial Date
- Note the trial date, time, and courtroom number provided. Ensure you attend court at this time.
- If you have an attorney, inform them of the trial date and have them accompany you.
Submission
- Each defendant must file their own answer. If you have an attorney, they can file answers for multiple defendants.
- Submit the completed form to the Dispossessory Division.
Additional Tips
- Make sure to keep a copy of the completed form and all supporting documents for your records.
- Arrive at court at least 15 minutes early on the trial date.
- Ensure all information is accurate and truthful to the best of your knowledge.
By following these instructions, you can ensure that your response to the eviction lawsuit is properly documented and presented to the court.