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    momof4g1b's Avatar
    momof4g1b Posts: 1, Reputation: 1
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    #1

    Oct 16, 2008, 08:17 PM
    What is the process of eviction
    We have until the 19th of October to move before someone from the courts forcibly remove us and our belongings from the property. I want to know if they can do this or if there is something else we can do.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 16, 2008, 09:03 PM

    If you have been to court, or if there was a court hearing you just did not go to, and the judge issued a eviction order, yes of course they can, happens every day a dozen times a day here in Atlanta.

    People line up on one side of the street waiting for it all to be put out, and the court officer to walk off so they can run over and start taking everything.

    If there is some reason you should not be, you may file an appeal but you will need some reason.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #3

    Oct 17, 2008, 06:11 AM
    Where are you located? And what has happened so far? Where did the Oct. 19th date come from?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 17, 2008, 07:18 AM

    You really need to provide more info. Eviction procedures vary from area to area. So the general area you live in would be helpful.

    You also needed to explain where this 10/19 date came from and when were you given it. Finally it would help to know why they want to evict you.

    But generally, the process goes like this:

    1) Landlord give notice to vacate. The amount of time allowed depends on the reason. If its due to non-payment its usually a pay or vacate notice given you 3-10 days to pay up or move. If the landlord just wants to terminate the lease (not give you the option to pay up), then the notice period is usually 30, sometimes as much as 60 days.
    2) File for eviction order. If the tenant doesn't voluntarily vacate, the landlord goes to court for an eviction notice. A hearing date is set so the tenant can explain why they shouldn't be evicted. Unless they can justify it, the court will grant the eviction order.
    3) Physical removal. The tenant is then given a short period (generally less than 2 weeks) to vacate. If they haven't, the landlord hires a sheriff or similar to serve the eviction order and physcially put out the tenant and their belongings.

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