After we have your writ of possession, you would assume we can get these people out of your house immediately. Recently, we had a case where our writ of possession (yes, we already had it) had to be extended because at the last minute the tenant filed for an appeal, and the appeal paper trail did not catch up with the issuance of the writ. That appeal managed to hang our client up for another six weeks. I was livid. We were stuck – because of a paperwork shuffle at the final hour, and it was all legal.
A Writ of Possession is granted seven days after the judgment evicting your tenant – unless – the tenant appeals the decision within the seven day period. That Writ of Possession means the Sheriff has a court order to remove the people, pets, and things in the home and put them out of the house. And if your tenant files an appeal at just the right moment, that Writ of Possession may get stopped. The tenant can file the appeal, have that filing accepted and begin paying rent into court, even if the judge already ruled against him. And when that appeal process starts, the case moves from Magistrate Court to Superior Court where you will need a lawyer to represent you. Every court case may be appealed with a few exceptions in Georgia where that option may be closed off during mediation. And the appeals in Superior Court can go on for months while you get no rent money until the appeals run out and the court then turns the rent monies paid into court over to you (if you win).
Be aware that an appeal can happen to you simply because the law allows the possibility. An appeal can happen to you when the judge has already ruled in your favor. Read that last sentence again. An appeal can foil your eviction – even after the Writ of Possession has been sent to the Sheriff. Be aware. Be prepared for anything. Be patient.
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Evict Them For Me and Southern Real Estate Services DO NOT provide any legal advice. We have lawyers to whom we can refer you, or you may seek your own legal counsel.
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