What is a dispossessory?
- The name confuses people
- Where it is filed
- What has to happen first
- What happens after
- If your property is in Georgia
The name confuses people
Most states say 'eviction' or 'unlawful detainer.' Georgia says 'dispossessory.' Same idea: a court action to recover possession of a property from a tenant.
Where it is filed
The magistrate court of the county where the property is located. Not the owner's county, not the management company's county.
What has to happen first
A demand for possession. Filing without a documented demand is one of the most common defects.
What happens after
The tenant is served and has seven days from service to answer. If they answer, the case is set for hearing. If they don't, it can proceed by default toward judgment and then a writ of possession.
If your property is in Georgia
County practice varies a lot even though the statute doesn't. Our county-by-county guides cover which court, who executes the writ, and where cases lose time.
The short version
- 'Dispossessory' is Georgia's word for an eviction case
- Filed in the magistrate court of the property's county
- A documented demand for possession has to come first
- Seven-day answer period from service
Tell us where the property is
We handle cases directly in Georgia and can point you in the right direction elsewhere.
Need help with a real case?
Tell us where the property is and where the case stands.
Landlord eviction checklist
The pre-filing checks that prevent most rejections. One page, free.
Common questions
Can I evict a tenant without going to court?
No. Every state requires a court process. Locking a tenant out, shutting off utilities or removing belongings without a court order is illegal self-help and exposes you to damages that often exceed the rent you were owed.
How long does an eviction take?
It depends on your state, your court's calendar and whether the tenant contests. Some stages are fixed by statute and some are logistics you control. Anyone giving you a guaranteed number of days without knowing your county is guessing.
Do I need a lawyer to evict a tenant?
Not always. Uncontested non-payment cases are routine. If the case is contested, involves a counterclaim, or raises habitability or discrimination issues, get a licensed attorney in your state.
What's the difference between a judgment and a writ?
A judgment says you won. A writ of possession is the separate court order that lets law enforcement actually put you back in the property. You have to apply for it — it isn't automatic.
Stop reading, start moving
If the property is in Georgia we can handle it end to end. If it isn't, we'll point you the right way.