Writ & Marshall
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Writ & Marshall (by Alex [GA]) Jun 19, 2024 10:03 PM
       Writ & Marshall (by Robert,OntarioCanada [ON]) Jun 20, 2024 1:26 AM
       Writ & Marshall (by MC [PA]) Jun 20, 2024 6:18 AM
       Writ & Marshall (by zero [IN]) Jun 20, 2024 8:52 AM
       Writ & Marshall (by Ray-N-Pa [PA]) Jun 20, 2024 9:47 AM
       Writ & Marshall (by Oregon Woodsmoke [ID]) Jun 20, 2024 10:01 AM
       Writ & Marshall (by Sisco [MO]) Jun 20, 2024 12:30 PM
       Writ & Marshall (by MikeA [TX]) Jun 20, 2024 12:45 PM

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Writ & Marshall (by Alex [GA]) Posted on: Jun 19, 2024 10:03 PM

It took me two months to get a court date after I filed for eviction (dispossessory). I received a Writ of Possession, but the Marshal scheduled the eviction for three months later. Despite this being a small one-bedroom apartment, the County mandates having eight people present during the eviction process.

The most frustrating part is that the tenant is still there and seems to be enjoying himself. Somehow, he knows the system and the dates and is not ready to move. I have never experienced such a long wait.

Usually, tenants leave as soon as they receive the court notice or writ of possession, but this tenant is waiting for the Marshal to come and evict him.

I tried to contact him, but he told me not to contact or harass him. Do you have any suggestions on what I should be doing?

This is the continuation of thread posted earlier on May 30th , 2024, titled, "Writ-o-Possn&Tough Tenant" --99.98.xxx.xxx

Writ & Marshall (by Robert,OntarioCanada [ON]) Posted on: Jun 20, 2024 1:26 AM

Most jurisdictions if the tenant is employed then can garnishee wages if on social assistance or government then not. It is lot to have a better screening process where all adults are required to completely fill out rental applications than provide three pieces of photo copied identity where no credit history than one letter change in surname. In the province of Ontario the baseline is credit score of 700 and above along with no unpaid utilities or bills. If on credit reports moving around every three to four months then why. While some think that running thorough credit checks on all adults applicants is expensive while the cost of providing free rent along with completely trashed out rental unit will easily be in thousands plus. First with rental application verify that the place of employment exists. Next check out rental address exists if non of the above then put the rental application aside. Some government funded agencies provide information on how to play the no rent game. Some take rental applications where never come back as they already know they are immediately disqualified as they looking for keys without signing for utilities as they unpaid utilities. Here most who handed out keys have sold houses, townhouses, condominiums along with apartment complexes. So in the end prevention ends the rent free of all. --207.236.xxx.xxx

Writ & Marshall (by MC [PA]) Posted on: Jun 20, 2024 6:18 AM

Once I start an eviction, I don't communicate with the T. I won't plead, we are done. The time for talking is over and I let the court handle it. If his stuff is on the street when removed, also not my issue. --73.230.xxx.xx

Writ & Marshall (by zero [IN]) Posted on: Jun 20, 2024 8:52 AM

Is it common for the Marshal to extend the process out that far?

Here the judge decides the timeframe and the Sheriff sends a deputy to do the deed.

Would it be worth the hassle to contact the judge again and inquire about the lengthy timeframe?

Sorry that you are dealing with a professional deadbeat. I agree with MC as well. Once I file I am done with them. They brought this on themselves and I am always communicating up to that point. --107.147.xx.xx

Writ & Marshall (by Ray-N-Pa [PA]) Posted on: Jun 20, 2024 9:47 AM

It depends on the nature of the removal.

Around here if its a normal eviction, it takes typically 10 days or less. But if this was a squatter case, that can take several months after winning in court. --24.101.xxx.xxx

Writ & Marshall (by Oregon Woodsmoke [ID]) Posted on: Jun 20, 2024 10:01 AM

The judge has decided, so there is not much you can do but wait it out.

The best way to deal with that type of tenant is to not ever allow them inside in the first place. My suggestion is that you up your screening.

I do not look for reasons to accept an applicant. I hunt for the reasons to reject him. There are good tenants out there, you just need to figure out how to get that type into your properties and how to sift out the bad applicants to keep them out. --76.178.xxx.xxx

Writ & Marshall (by Sisco [MO]) Posted on: Jun 20, 2024 12:30 PM

Dittos on upping the screening. Better empty than wrong.

That said, learning the flow of the paperwork from judge to sheriff and what time limits must be met. GA state laws are likely online…it is your business to know the law.

If you believe the sheriff’s department is dragging their feet, notify your judge. Judges don’t like being ignored.

Another tip, be nice, be professional, do not be difficult to deal with for the deputies. --149.76.xxx.x

Writ & Marshall (by MikeA [TX]) Posted on: Jun 20, 2024 12:45 PM

The Marshall is usually an employee of the court, the Sheriff of the county. If your judge is left leaning then likely he is directing the schedule of the Marshall that works for him.

Judges are elected officials. You might approach it as a voter asking his elected official if this is the expectation of the court that these processes take so long so you know where to direct your campaign donations. --209.205.xxx.xx

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