Eviction (PATHO)

E-filing Is Now Available for Dispossessories at http://connect2court.com/

Evictions (Also Known as Dispossessory or PATHO)

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 listed.

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 $75.00 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 links and numbers may be of some service: