1st Writ Of Possession Still Valid?
Hello all,
Got a writ of possession issued in September. The tenant is a part-time contractor so he was able to get his boss to send some money directly to me (but not the total amount due). I decided to give him another chance so I did not file the writ of possession with the Sherrif's office to schedule the ordered eviction. He already owed more than the writ was for and the amount continued to grow so I filed another eviction request in November when he stilll was not close to being caught up.
I was not notified of the court date so I missed it thus the judgement went to him. I didn't even get a copy of his dispute (he apparently disputes all eviction requests to buy time with no actual cause). He is stalling more each day so it is only seems to be going downhill from here. Can I go ahead and file the original writ of possession with the Sherrif's office and get on their schedule to get him evicted?
JohnCl
University of Hard Knocks
Class: Landlord - Tenant Laws 101
Class Description: The top 10 reasons why an attorney is every landlord's best friend.
myfrogger,
Thank you for your exquisite commentary. From the wit of your prose I take it you must have majored in public speaking in College?
Once again, thanks for nothing.
JohnCl
[ Edited by JohnCl on Date 11/22/2004 ]
Well I'm no expert in GA laws (thus Froggers advice to go see an attny.) but my guess is that by taking money after the Writ of Posession you voided your rights under the Writ. Back to square one.
This time pay the couple hundred bucks to a lawyer to handle the eviction for you-- he's much less likely to miss hearings.