What Is a Dispossessory in Georgia? (Filing, Forms & Timeline)
A dispossessory is Georgia's eviction lawsuit. Here's what the dispossessory affidavit is, where to file it, what it costs, and how long it takes in metro Atlanta counties.
In Georgia there is no document called an eviction notice that removes a tenant. The legal action is a dispossessory proceeding, started by filing a dispossessory affidavit — sometimes called a dispossessory warrant — in Magistrate Court.
What a dispossessory affidavit actually says
- Who owns the property and who is authorized to act for the owner
- The tenant's name and the property address
- The grounds: non-payment of rent, lease violation, or holdover after termination
- The amount of rent and late fees claimed
- That a demand for possession was made and refused
Where and how to file
File in the Magistrate Court of the county where the property is located. Most metro Atlanta counties accept in-person and e-filing, and a case filed before the daily cutoff hits the docket that same day. Expect $60 to $85 in filing fees plus service costs per tenant named on the lease.
Dispossessory timeline in metro Atlanta
- Service by marshal or sheriff — 1 to 5 days after filing
- Tenant answer window — 7 days
- No answer filed — default writ of possession can be requested
- Answer filed — hearing set 10 to 21 days out
- Judgment for possession, then 7 days for the tenant to vacate
After the dispossessory: the writ and set-out
Winning the dispossessory gets you a judgment, not your unit. You still need the writ of possession, and only the marshal can enforce it. County-scheduled set-outs in Fulton, DeKalb, Cobb, Gwinnett, and Clayton currently run 10 to 16 weeks. Expedited+ Service crews are typically scheduled within 2 weeks after court.
We file dispossessories the same day across metro Atlanta. Call (877) 206-1716 or start online.
Frequently asked questions
What does dispossessory mean in Georgia?
A dispossessory is Georgia's legal term for an eviction case. The landlord files a dispossessory affidavit in Magistrate Court asking the court for possession of the rental property, and usually for unpaid rent as well.
How long does a dispossessory take in Georgia?
Service takes 1 to 5 days, the tenant has 7 days to answer, and a hearing is typically set 10 to 21 days after that — so 3 to 6 weeks from filing to judgment in metro Atlanta counties.
How much does it cost to file a dispossessory in Georgia?
Filing fees are roughly $60 to $85 depending on the county, plus about $50 to $75 for service of process on each tenant named in the affidavit.
What happens if a tenant does not answer a dispossessory?
If the tenant files no answer within 7 days of service, the landlord can request a default writ of possession without a hearing, which is the fastest path to regaining the property.
Have a writ or a confirmed set-out date?
Send your Atlanta property and case details to begin set-out coordination. Scheduling depends on case readiness and county requirements.