INSTRUCTIONS FOR FILING A
DISPOSSESSORY IN MAGISTRATE COURT
Magistrate Court of Bibb County does not accept PERSONAL CHECKS.
individual cannot act as an agent for another individual unless a POWER
OF ATTORNEY is presented at the time of filing.
cost for filing a dispossessory is $77.00 for one defendant and $109.00
A charge of $33.00 is
added for each additional defendant.
order to file a dispossessory you will need a LEGAL SIZE (#10) ENVELOPE,
addressed to the defendant with your return address on it (one for each
furnish a COMPLETE ADDRESS (such as house/street number and
order for the Sheriff’s Department to serve a dispossessory the building must
as 1234 State Street, Apt. 1-A). HOUSE NUMBERS AND APARTMENT NUMBERS
BE CLEARLY POSTED ON THE BUILDING.
cannot include any charges into the principal amount except that which is rent
are any additional charges (such as late fees, utilities, etc..) owed they must
dispossessory must have the Plaintiff’s full name, address and phone number
listed on the
the dispossessory has been served the defendant has seven (7) days to respond.
can either pay the rent owed to the landlord, move or file a written answer to
If the defendant files an answer, both parties will be notified by mail by the
of the date and time of the hearing. After the hearing if the Judge grants the
judgment, the plaintiff must submit a written judgment and writ of possession
for the Judge’s
If the defendant does not answer, move or pay rent, the plaintiff may take judgment
wirt of possession on the eighth (8th) day from the date of
service. When the Judge signs
judgment it will be sent to the Sheriff’s Office for a set-out date to be
Office will contact the plaintiff before proceeding with eviction.
9. There is a $25.00 (NON
REFUNDABLE) fee for the JUDGMENT AND WRIT OF POSSESSION
IS THE RESPONSIBILITY OF THE PLAINTIFF TO FOLLOW UP ON ALL CASES FILED.
A dispossessory is a SHORT TERM
PAPER and is good for 37 days from the last possible
to answer. If nothing is done within these 37 days the case will
FOR WANT OF PROSECUTION ON THE 38th DAY.