Gwinnett Foreclosure Eviction – Now What?

March 1, 2009

If you won’t leave, the new owner of the home will have to go to court and ask the judge to make you leave. They will send you a written demand to give up possession of the property and file an eviction proceeding against you in court. The court will have you served with notice of the eviction proceeding.

When you get the notice from the court, you can file an answer, letting the court know that you want to be heard on the matter. If you don’t respond within seven days, the court will just issue a writ of eviction. If you do respond, a court date will be set.

At the court date, you will get the opportunity to explain why you should not be evicted, but no matter what you say, the facts are very simple. You are living in someone else’s house and they want you to leave. At the end of the hearing, the judge will issue the writ of eviction.

So why file a response if you are going to lose anyway? The response forces a court date, which extends the time you can stay in the house. You don’t even need to attend the hearing – you know what the outcome will be anyway.

Once the writ of eviction is issued, the prevailing party will take it to the sheriff for service. At some point in the future (and this period of time varies wildly depending on how busy they are), the sheriff will serve it by posting notice of eviction on the door of your home. This is where the party ends. Shortly after they post notice, the sheriff, the new owner (or more likely their representative) and a crew of workers will come to the house with the intention and authority to enter the house, make you leave and remove all of your belongings. If you aren’t there they will just put your stuff in the yard.

So now you know. You are going to have to move before the sheriff throws you out. 

If you are reading these articles because you are worried about a foreclosure, there may very well be a better way for you to proceed. Call 770-682-7735 and ask about your options. You might be surprised at just how many options you have.

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