2 different writs of possession

[rkjohnson]

What is the name of your state (only U.S. law)? Georgia

The court has issued 1 writ of possession for each of my two tenants on Dec. 19, 2008. The first tenant failed to appear in court and the Default Judgement Order for him states, "...that a writ of possession shall issue instanter, and plaintiff shall recover full and quiet possession of the premises at (address). This, the 19th day of December, 2008".

The second tenant appeared in court. His order states, "...that a writ of possession shall issue on the 29th day of December, 2008 at (address). This, the 19th day of December, 2008".

I have read that "landlord cannot execute the writ, remove you from the property, until the expiration of the seventh (7th) day after the judgment was entered".

My question is, does this mean 7 days after the 19th of December which is the date of the order, OR is it 7 days after the 29th of December per the writ of possession date IN the order?

Both orders award me back rent, late charges and court costs.

I really messed up when I rented to them because I didn't get any ID from them. I'm not sure how I will even find them after they move. The first tenant supposedly works for himself as a subcontractor and the second tenant is his 91 y/o grandpa.

 

[Gail in Georgia]

The 7 day stipulation is the amount of time your tenants had to respond after being served the inital demand for possession. One responded; one didn't. Both lost.

You cannot actually remove them/their property without a Marshal being present. How soon the actual eviction will take place is dependent on the schedule of this department. They are typically backlogged during the holiday season. Have you contacted this office?

Gail

 

[rkjohnson]

Yes, I went today, Jan. 2, to magistrate court. We are meeting at the residence Monday, Jan. 5 to 'set out' the tenants and their possessions. THAT was faaasssst!

I still don't know how I'm going to collect the back rent, late fees and court costs ($1,095) after they're out. I don't have a DL number, SSN on this guy. He is a sub-contractor and works for himself. He says he doesn't even have a bank account. Any ideas?