Evictions (also known as Dispossessory or
Evictions may be filed in the Magistrate Court Clerk's office of
Clayton County if the property from which the person is to be
evicted is located within Clayton County.
The person(s) filing the eviction must complete a Dispossessory
Proceeding form (available in the Clerk's office for a fee of
$1.00). The Plaintiff(s) must list the tenant's name(s), address,
and the reason for eviction. In addition, if the Plaintiff(s)
is/are making a demand for money, the exact amounts must be
The Plaintiff(s) (or their agent or attorney) must sign the form
in front of a Deputy Clerk in the Clerk's office or a notary
public. If the form is to be witnessed by a Deputy Clerk, the
Plaintiff(s) must produce a picture identification card that
contains their signature (such as a driver's license).
The filing fee for a dispossessory is $72.00 for one defendant;
plus $25.00 for each additional defendant should there be any.
"Tack and mail" service is done on dispossessories unless personal
service is requested.
The tenant(s) (Defendant) will have seven (7) days from the date
they are served by the Sheriff in which to file an answer. Those
seven days DO INCLUDE weekends and holidays. If the 7th
day falls on a weekend or holiday, the Defendant has until 5:00 pm
on the next business day in which to file their answer. Provided
that a timely answer is filed, the Defendant will be given a court
date which normally will occur within 10 business days. The
Plaintiff will be mailed notice of that same court date.
Court begins PROMPTLY at the time given on the summons, so it is
IMPERATIVE that all parties be on time. The judge will first call
the calendar to make certain that all parties are present. Once the
judge has explained how the court proceedings work, all parties
will be given an opportunity to reach an agreement on their case.
Should the parties be unable to agree, the judge will hear the
evidence and make a ruling on the case. If one or more parties fail
to appear, the judge may dismiss the case or may issue a default
judgment and an immediate writ of possession.
Should the Defendant(s) fail to file a timely answer, the
Plaintiff may request a Writ of Possession by completing an
Application for Dispossessory Writ of Possession and submitting
it with $25.00 for the Sheriff's service. Once the Writ of
Possession is signed by a Magistrate Court judge, a copy of the
writ will be forwarded to the Clayton County Sheriff's Department.
The Plaintiff may contact the Sheriff's Department ((770) 473-5828)
to set up an appointment to have the writ served.
The Clerk's office cannot give legal advice concerning evictions
nor can personnel from the judges' office speak with anyone
regarding an eviction case. For specific questions and/or advice,
these numbers may be of some service:
Clerk of Court: Jacquline D.
Harold R. Banke Justice Center
9151 Tara Boulevard,
Jonesboro, Georgia 30236-4914
Telephone (770) 477-3443