Legal Question in Business Law in Georgia

Writ of Possession

I have broken the business lease contact, which I have abandoned the space. The business is not over until July 1, 2008, which is only 4 more months to go. Now the landlord file the Writ of Possession, which demands: (a) possession of the premises; (b) past due rent of $2,372.36; (c) rent accruing up to the date of judgment of vacancy at the rate of $2,116.51 per month; (d) court costs of $69.00. If the I don't answer within 7 days, a Writ of Possession shall issue instanter and judgment shall be granted as demanded by the Plaintiff named herein. Unfortunately, I don't have any money to pay them at all. So should I hire an attorney or attempt to represent myself to the Judge to settle this matter? Or perhaps, I do nothing at all since I cannot pay for the Plaintiff demands anyway?


Asked on 3/12/08, 4:53 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Writ of Possession

That is a very complicated question. If you do not file an answer within 7 days, the landlord will be granted a default judgment against whom- or whatever was the tenant. Further, if your business was and/or is not set up and run and maintained properly, or if the business is a sole proprietorship or partnership, your personal assets (home, car, checking, savings, etc.) will be at risk. In other words, the landlord will be able to satisfy the judgment with your personal assets. I generally do not recommend representing oneself.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 3/12/08, 4:59 pm


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