Writ of Possession-Personal Property – Georgia Court

The form titled “Writ of Possession-Personal Property” is a legal document used in the Magistrate Court of Clayton County, Georgia. It authorizes the Sheriff or lawful deputies to recover possession of specified personal property from a defendant and return it to the plaintiff or proceed with its sale according to legal provisions. The form includes sections for the property description, judicial order, and options for the plaintiff regarding the property’s disposition. It requires signatures from the Judge and the Deputy Sheriff to validate the execution of the writ.

Follow these steps to complete the form titled “Writ of Possession-Personal Property” form accurately:

Court Information

1. • At the top of the form, fill in the “FILE NO” with the assigned case number.
   • Include the name of the Plaintiff (the person or entity who initiated the court action) and the Defendant (the person or entity against whom the action is taken).

Contact Information

1. • Provide the Plaintiff’s phone number and the address where the property is located.

Property Description

1. • Clearly describe the personal property that is the subject of the writ. Include details such as the type of property, any identifying characteristics, and its location.

Order Details

1. • The section beginning with “TO THE SHERIFF OF SAID COURT OR HIS LAWFUL DEPUTIES” is pre-filled with the standard legal text. Ensure it remains unchanged.
   • Leave the date blank for the court to complete.

Judge’s Authorization

1. • This section will be completed by the Judge. Do not fill this part out.

Election of Option

1. • Choose one of the following options by initialing next to your choice:
     • Surrendered to the Plaintiff: Initial here if you want the property returned directly to you for retention or disposition.
     • Advertised and Sold: Initial here if you prefer the property to be sold in accordance with the legal procedures for levy and sale.
   • Fill in the date at the bottom of this section and include the signature of the Plaintiff’s agent or attorney.

Execution by Sheriff

1. • This section is for the Deputy Sheriff to complete after executing the writ. It includes details of the property recovery or sale process and the final disposition of the property.

Notes

• Ensure all information is accurate and complete.
• The form must be clear and legible.
• Any legal advice or guidance on how to fill out the form should be sought from a qualified attorney.
• The form must be submitted to the Magistrate Court of Clayton County as per the court’s instructions.

By following these steps, you will ensure that the “Writ of Possession – Personal Property” form is filled out correctly and ready for submission.