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Magistrate Court/Civil Division
INSTRUCTIONS FOR FILING A DISPOSSESSORY IN MAGISTRATE COURT

INSTRUCTIONS FOR FILING A DISPOSSESSORY IN MAGISTRATE COURT

 

1.         The Magistrate Court of Bibb County does not accept PERSONAL CHECKS.

 

2.         An individual cannot act as an agent for another individual unless a POWER OF ATTORNEY                        is presented at the time of filing.

 

3.         The cost for filing a dispossessory is $77.00 for one defendant and $109.00 for two.

            A charge of $33.00  is added for each additional defendant.

 

4.         In order to file a dispossessory you will need a LEGAL SIZE (#10) ENVELOPE, STAMPED     

            and addressed to the defendant with your return address on it (one for each defendant).  You

            must furnish a COMPLETE ADDRESS (such as house/street number and apartment number.

 

5.         In order for the Sheriff’s Department to serve a dispossessory the building must be MARKED

            (such as 1234 State Street, Apt. 1-A).  HOUSE NUMBERS AND APARTMENT NUMBERS

            MUST BE CLEARLY POSTED ON THE BUILDING.

 

6.         You cannot include any charges into the principal amount except that which is rent owed.  If

            there are any additional charges (such as late fees, utilities, etc..) owed they must be broken

            down separately.

 

7.         The dispossessory must have the Plaintiff’s full name, address and phone number listed on the

            front side.

 

8.         After the dispossessory has been served the defendant has seven (7) days to respond.  The

            defendant can either pay the rent owed to the landlord, move or file a written answer to the

            Court.  If the defendant files an answer, both parties will be notified by mail by the Judge’s

            Assistant of the date and time of the hearing.  After the hearing if the Judge grants the plaintiff

            a judgment, the plaintiff must submit a written judgment and writ of possession for the Judge’s

            signature.  If the defendant does not answer, move or pay rent, the plaintiff may take judgment

            and wirt of possession on the eighth (8th) day from the date of service.  When the Judge signs

            the judgment it will be sent to the Sheriff’s Office for a set-out date to be scheduled.  The

            Sheriff’s 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 

 

10.       IT 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

            date to answer.  If nothing is done within these 37 days the case will automatically be

            DISMISSED FOR WANT OF PROSECUTION ON THE 38th DAY.

             

           


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601 Mulberry Street Macon, GA 31201     Phone Number : (478) 621 - 6400
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