Foreclosure of Personal Property – Georgia Court

The Foreclosure of Personal Property form is critical for legal proceedings related to the foreclosure of personal property in Clayton County. It ensures that the foreclosure process is conducted formally and in accordance with Georgia state laws. It serves as a legal document to formalize the claim against a defendant who is delinquent on payments secured by personal property. The document provides the necessary structure for plaintiffs to present their claims and for defendants to be duly notified of their obligations and rights.

This guide provides step-by-step instructions for completing this form used in the Magistrate Court of Clayton County, Georgia.

Affidavit Section

• Affiant Information
  • The person completing the affidavit must state their role (e.g., Agent or Attorney at Law) for the plaintiff.
  • Ensure the affiant is authorized to make this affidavit on behalf of the plaintiff.
• Defendant Information
  • Enter the full name and address of the defendant.
  • Specify the principal amount owed by the defendant.
  • Include the interest amount owed by the defendant.
• Nature of Indebtedness
  • Indicate the type of security interest (e.g., Mortgage, Bill of Sale to Secure Debt, Contract Retaining Title).
  • Attach the original document or a true copy of the security interest.
• Residency Confirmation
  • Confirm whether the defendant is currently a resident of Clayton County or was a resident at the time the security interest was executed.

Commercial Claim Waiver (if applicable)

• Attachment of Waiver
  • If the security interest arose from a commercial claim and the defendant has waived rights under O.C.G.A. 44-14-230 et seq., attach a copy of the waiver.
  • This attachment should be construed as an allegation, under oath, of such waiver.

Notarization

• Sworn Statement
  • The affiant must swear and subscribe to the affidavit before a notary public or deputy clerk.
  • Ensure the notarization includes the date, signature of the notary, and official seal.

Summons Section

• Case Number
  • Enter the case number assigned by the court.
• Plaintiff and Defendant Information
  • Fill in the names of the plaintiff and defendant.
• Command to Defendant
  • The form commands the defendant to answer either orally or in writing within seven days from the date of service, excluding weekends and legal holidays.
  • Specify the address for the Magistrate Court of Clayton County: 9151 Tara Blvd., Jonesboro, Georgia.
• Issuance of Writ of Possession
  • If the defendant does not respond within the given time frame, a writ of possession will be issued, and judgment will be granted to the plaintiff.

Court Clerk’s Section

• Date and Signature
  • Leave the date and signature fields for the Clerk of the Magistrate Court to fill out upon filing.

Final Steps

• Review: Double-check all entered information for accuracy and completeness.
• Submit: Submit the completed form to the Magistrate Court of Clayton County.

By following these steps, you will ensure that the form is correctly filled out and ready for submission to the court.