A dispossessory action is a term sometimes used to refer to eviction proceedings brought by a landlord against a tenant. A writ of possession is issued to evict an occupant from real property.
How Can I File A Dispossessory Action?
Please go to the DeKalb County Courthouse and proceed to the Clerks’ Office, Room 200 to obtain the dispossessory warrant form. You can view a sample of the form here. You will need to bring the tenant’s name(s), address, and the reason for eviction. In addition, if you are making a demand for money, the exact amounts must be listed. You need to have the defendant’s complete name and address and the property needs to be clearly marked. You do not need to produce a written lease or other agreement in order to file a dispossessory warrant. Please remember that you will need to have the tenant’s complete name and address and the property needs to be clearly written on the form.
Note: It costs $54.00 to file a dispossessory warrant. The Marshal will serve the warrant for a fee of $35.00 for each named defendant. If there are unnamed defendants on the warrant, those persons will be treated as a single defendant, e.g. John Brown and All Others would cost $70.00 for service and the filing fee would be $54.00.
Keep in mind that the Plaintiff(s) (or their agent or attorney) must sign the dispossessory warrant form in front of a Deputy Clerk in the Clerk’s Office or a notary public.
*If Inactive for over 90 Days, dispossessory case will be closed.
For information on the Centers of Disease Control and Prevention’s Eviction Moratorium, please see FAQs on CDC’s Eviction Moratorium
Non-attorney filers of dispossessory warrants, or designation of agent:
In order to avoid the risk of having your case being reset or dismissed because of an issue regarding your status as a non-attorney representative for a landlord, please note the following Uniform Rule 31 of the Magistrate Court: Any full-time officer or employee of a corporation, sole proprietorship, partnership or unincorporated association may be designated by such entity as agent for purposes of representing it in civil actions to which it is a party in Magistrate Court. An action on behalf of a corporation, sole proprietorship, partnership or unincorporated association, except affidavits in attachment, may be filed and presented by such designated agent. You can print the designation form for your use below.
Additional Forms You May Need to Print and Complete:
- CARES Act Affidavit
- Designation of Agency
- Dispossessory Warrant
- Dispossessory Answer (boxes)
- Dispossessory Answer (written)
- Dispossessory Application/Order for Writ of Possession
- Dispossessory Dismissal
- Dispossessory Affidavit for Judgment on Default of Consesus Agreement
- Dispossessory Judgment on Default of Consent Agreement
You can find more helpful information about dispossessory proceedings on the Dispossessories FAQ page.Can