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.
