Legal Question in Real Estate Law in Georgia

I received a call from my landlord today stating she received a Writ of Possession in a hearing held today. I was not notified of the hearing and therefore, I did not show up in court. Can I file an appeal?


Asked on 1/19/10, 7:39 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

When you are sued, it is your duty to find out court dates, file answers and so on. If you were served and made the choice not to answer and/or check on court dates and attend, the consequence is that you lose.

Since no one here has seen the suit, seen what response if any you filed, seen the writ, or knows the date any of this happened, there is no way anyone here can answer what you posted. You would need to carry all that to a lawyer to review. There are strict time deadlines, so your time could run out while you find out your options.

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Answered on 1/24/10, 7:55 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

In addition to the above, the next question is what is your basis to appeal? Have you fully paid all rent and other obligations under the lease, and has the landlord accepted the cure of any default? Or, on the other end, are you just trying to stretch out a free place to live, without paying, as long as you can until the deputies come and throw all your stuff out on the street? If you are only trying to delay the inevitable, it is usually best you focus on moving on.

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Answered on 1/25/10, 5:16 am


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