State Specific Question About: GEORGIA (GA)

Is a sheriff required to evict tenant in GA?

In AL, a sheriff is always there to keep the peace. Some evicted tenants can easily become irritable and sometimes violent and would just love to take their frustrations out on the landlord who evicted them.

2 years ago, during my last eviction, the tenant was still asleep in her bed when the sheriff and I arrived. She was naked too. When the sheriff woke her up and told her to leave immediately, she became irate and cursed me out instead of the sheriff who woke her up. She called me every 4-letter word you could imagine.

unb,

Not sure I understand your question. Off-duty cops in uniform will keep the peace at an eviction just like a sheriff would.

you can't hire an off duty cop to serve the set out. An on duty deputy shows up with the set out order from the court. He knocks as your told to stand back. There's no off duty deputy there.

The process is this: sheriff will give them 10 or 15 minutes to gather their stuff. If he see's them dragging it out he removes them. Should the tenant hinder the set out crew-- he will be removed. Generally speaking after 10 minutes I request the deputy do his duty and remove the tenant from the property.

Years ago I was in jail during a set out. My man there on the scene said the sheriff knocked and the people inside let a pit bull out. The dog leaped over the fence as the deputy was falling back and he got off 2 rounds into the dogs head. Sheriff fell to concrete but was OK. Never saw a sheriff go into a property without his hand on his gun.

unb,

David,

The eviction process in Pa is broken up into three parts. During the actual lockout our state has constables that do the role that the sheriff might do in other states.

So each state is different.

Jan 4 is too long to wait.

I'd first ask the sheriff if there's a way I could pay one of his deputies overtime to personally handle the case. If that fails....

Try cash for keys, and if that fails...

There's a video on YouTube you can find if you search for "squatting on squatters." Might give it a watch and see if it inspires you.

But gain, Jan 4 is too long to wait. If your sheriff is so backed up that you have to resort to creative ways to reach an acceptable time table, I'd highly consider selling and investing somewhere that your dollars are treated with greater respect and diligence.

Imagine your stock broker saying, "I know you'd like your money, but we're short on staff and can't sell your mutual fund shares for 3 months." You wouldn't put up with that, so why put up with a sheriff's office that isn't properly staffed to conduct evictions?

In Indiana, only the Sheriff or executing agent(deputy?) can physically remove the tenant and return the property to the owner. By law, that is supposed to happen between 48 hours and 5 days after a judge issues an Order of Possession.

David don't get side tracked by other posts-- this is a question about the service-- not cash for keys or hiring out the set out. I've been setting out people in ATL since 1987.

The sheriff must be present to do a court ordered set out. 20 yrs ago in Atl you couldn't hire it out either.

So the process in GA: you go to court and you are given possession. Here you have 2 options. defendant doesn't show and you get instantana-- tenant is in court and they are given 7 days. If defendant is no show you can walk the Writ of Possession over to the sheriff-- if they are given 7 days to move-- you on day 8 can get the writ and walk it over.

Now you went to the sheriff and are given a date the sheriff will come. As you see it is 2.5 months away. If you want it ligit you need to wait on the sheriff. If tenant skips you need to make a decision as to whether or not to take the property. I always take it.