EVICTION LAW SUIT

[john t]

I LIVE IN GEORGIA THE GUY HAS HAD PLENTY OF NOTICE TO LEAVE I WANT TO FILE THE LAWSUIT TO PUT HIM OUT MYSELF HOW DO I PROCEED WHERE DO I GET THE FORMS FROM WHAT ARE THE FORMS AND HOW ARE THEY TO BE FILED AND WHERE,PROBATE JUDGE OFFICE WHERE......SOMEONE HELP ME OUT WITH [email protected]

 

[LL]

I don't know anything about GA procedure, but it seems that you don't either.

I would advise getting an attorney that specializes in evictions to handle your first couple of cases. If you keep your eyes open and ask a lot of questions, you might learn enough to do it yourself the next time.

 

[djdj]

OH gee another Redneck with a hotmail address....got a bum livin in my place i wanna throw him out, but i aint got no money for a lawyer..

Why not just throw his stuff out on the street....

and lets see what happens.....haha

 

[john t]

to djdj

no djdj hes not a bum i simply want to put my foot in his ass myself (again) you see its PERSONAL......DOOT48 REDNECK WITH A HOTMAIL ADDRESS

 

[john t]

to mr.ll

i posted the message for advice or assitance not smart remarks,do u run to your lawyers for everything,well i dont this is very personal and i dont want them involved.thanks for nothing............doot

 

[LL]

Actually I run to my lawyers for advice when I don't know exactly how to handle something, just to talk over issues from time to time that I don't understand, and to ask questions. It has served me very well.

What's so personal about evicting a tenant?

Anyway, you're welcome.


P.S., See djdj about a refund.

[Edited by LL on 02-09-2001 at 04:50 PM]

 

[archarrell]

If you go to an attorney, most will want a fee in the $500 range (based on my experience in WA state). I believe GA real estate law is near the same as WA state.(I'm originally from Columbus)

I recommend first start with a 3 day pay or move notice - it a simple form you can get maybe off the web, or at a stationary store. While there are strict rules of how its served, usually the tenant doesn't know that. Maybe the library has books on landlord tenant problems -- or a local book store. Anyway the 3 day notice should be served by
an adult person. Make note of time, who it was served on and etc. If not home you can or post it on his door. Or post it on the door, ring the bell and when they open the door just point to it and walk off. This is just a scare tactic which will probably make him pay or move. If not, you need some help.

If the tenant is a seasoned tenant and wise as he's been thru this before, you need to look in the yellow pages under Eviction service, look under collection and legal services. Call a real estate rental company to see who they recommend. (Most real estate offices do not handle rental - ask who does)

The legal service may want to start all over, or they may use your 3 day notice. This is required prior to an eviction (unlawful detainer process.

An unlawful detainer proceeding is filed against the tenant -- then after so many days the next step, then finally the sheriff appears with you and you (with help) set tenant furniture off the property. You may need to have plastic to wrap big items or bags to store small ones. You may even be required to have it stored (mosty use one of those storage lockers) After 45 days, you can sell his stuff to pay for huling etc.

As you see it's complicated -- If you must do it yourself, go to a stationary store and buy an eviction package. That has the forms and instructions --

Warning, some collection companies advertise cheap evictions, but they require that you use them for the collection on the Judgment they obtain.
They'll keep 35 percent of what they collect If you are strapped for immediate may be the easiest and fastest
just look at it that you're getting 65% of what the collection company get. They'll probably get more than you can alone.

Again, I am not an attorney -- I'm a landlord in WA State

[Edited by archarrell on 02-11-2001 at 12:03 AM]

 

[john t]

thanks archarrell

thank you arc.....doot48

 

[john t]

apology&explanation to ll

mr. ll iam sorry its not your fault but mine..he trespassed did 2000 dollars in damages (non leased property)dont laugh yet had me arrested tried to scab me in court for 2000 in medical bills he did not owe had a witness to say i was going to kill him an had told the DA their was a misunderstanding about who owned the property.....NOW U CAN LAUGH....DOOT48......(ONE YEAR PROBATION FOR AGGRAVATED ASSAULT)

 

[LL]

Am I to understand that your problem was was a criminal matter for which you were arrested?

I am confused about who got the year's probation? You or him?

What does this have to do with filing an unlawful detainer action?

 

[john t]

to ll about probation

i purchased property from this guy in 96 and again in 99 iagreed to lease the 99 property,after the sale behind my back he took the 96 property back(hold on)he moved 60 cars on the property and refused to move them (he hides his money in his childs name)i lost my temper in nov.2000 before i could get to the probate judges office after the ass whipping he moved them, he faked doctor bills he tried at first to get me to give him 2 grand to stay out of court i thought he would move on BUT HE WANTS ME TO DO IT AGAIN,5 MORE GRAND IN POSSIBLE ATTORNEY FEES 1 YEAR IN JAIL IS KEEPING ME CALM THIS TIME......THATS THE STORY....(I USED A SHOVEL)

 

[LL]

So, do I understand that now you have good access to a law library, and lots of people who know about courts and filings and stuff?

You don't need advice more about filing evictions?

I'm glad he moved the cars before there was trouble.

 

[archarrell]

Something I recently found out that may help you.

About this guy saying he'll have you arrested or something like that if you don't do this or that.

While wathcing one of those TV Court proceedings, maybe Judge Brown or one of these, it came out that one guy threatened to turn in a person who was dodging a warrant if he did not pay the other person a certain a sum of money which was in dispute. (ie: You pay me that money, or I'll tell the cops you have a warrant out for you)

Then the Judge said "Hey that's a very serious criminal act to threaten to turn in a person to the authorities if they don't pay you money which is in dispute" He went on to say you could be in more trouble than the person who is turned in.

You may want to check this out with an attorney, but it looks like based on what I saw on TV, this guy who threatens you could get himself in trouble. Of course, you may need a wittness to this.

I'm no attorney. I have no facts, it's just what I saw on one of those shows like Judge Brown, Judge Judy etc.
Check it out!

 

[john t]

to archarrell

the guy puts his money in his daughters name/thats why i did not sue THE PROBATE JUDGE would not give me a warrant when i wanted it (no joke)he did several thousand dollars in damage while trespassing he lives for this stuff thats why i wanted to do it myself hes been sued several times he was on my land along time hes collected restitution several times but this time he LOST judge did not give him anything and he is angry the property he trespassed on an the property he leased is different tracks of land in the same lot belive it or not he was not going to move the cars off of unleased property and i gave him what he wanted by mistake i already had a lawyer he made me so angry i lost my temper....he is simply making me spend money to break the agreement....it simply says i hereby lease tract c to leslie o for 5 years and thays about it in a nut shell....not all of it but most of it.... doot48

 

[archarrell]

Good luck & good bye!
I'm out of here!