Affidavit Of Non-Compliance with Consent Agreement and Request for Judgment – Georgia Court

The “Affidavit of Non-Compliance with Consent Agreement and Request for Judgment” form is used in the Magistrate Court of Fulton County, Georgia. This form allows a plaintiff to inform the court that a defendant has failed to comply with the terms of a previously agreed-upon consent agreement. This form is essential for plaintiffs seeking judicial enforcement of a consent agreement due to the defendant’s non-compliance.

Filling out this form accurately is crucial for the court to process your request efficiently. Follow these steps:

Step 1: Case Information

• Case Number: Enter the case number assigned to your case.
• Plaintiff(s): Write your full name as the plaintiff.
• Defendant(s): Write the full name(s) of the defendant(s).

Step 2: Details of Non-Compliance

• Date of Consent Agreement: Enter the date when the original consent agreement was made.
• Defendant’s Name: Print the name of the other party (defendant) involved in the consent agreement.
• Terms Not Complied With:
  • Check the appropriate box(es) to indicate the terms that were not complied with:
    • Missed Payment: Specify the due date of the missed payment.
    • Failed to Vacate Premises: Enter the date by which the defendant was supposed to vacate.
    • Other: Provide a detailed description of any other terms that were not complied with.

Step 3: Request to the Court

• Writ of Possession: Check this box if you are requesting the court to issue a writ of possession.
• Money Judgment: Check this box if you are requesting a money judgment and specify the amount requested.

Step 4: Affidavit Statement

• Date: Fill in the current date.
• Printed Name: Print your full name.
• Signature: Sign your name.

Step 5: Court Order Section (To Be Completed by the Court)

• This section is reserved for the court’s use. Do not fill out this part.

Step 6: Notarization

• Date: Enter the date on which you are signing the affidavit.
• Notary Public: This section must be completed by a notary public. The notary will:
  • Witness your signature.
  • Sign the form.
  • Enter the expiration date of their commission.

Additional Tips

• Accuracy: Ensure all information is accurate and legible.
• Attachments: Attach any relevant documents that support your claim of non-compliance.
• Review: Double-check all entries before submitting the form to the court.
• Submission: Submit the completed form to the Magistrate Court of Fulton County, Georgia, along with any required fees.

By following these steps, you will ensure that your form is filled out correctly, enabling the court to process your request without unnecessary delays.