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Georgia · What this letter means

You were served a Georgia dispossessory summons after foreclosure: what it means

A dispossessory case is the court eviction the new owner must bring after a Georgia foreclosure if you have not left. The summons gives you 7 days from service to answer, in writing or in person. If you do not answer, a writ of possession can issue without a hearing.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The new owner files it; the court's summons is served on you or posted at the home
What it starts
7 days from service to answer
Do this first
Count 7 days from service and file your answer before the deadline

What this document is in Georgia

After a demand for possession is refused, the new owner signs a sworn dispossessory affidavit in a magistrate, state or superior court. The court then issues a summons to you. Georgia court forms describe the former owner as holding and occupying the home at will or sufferance after the owner demanded possession.

The summons is served on you in person, on an adult living in the home, or by posting it on the door with a copy mailed.

What it does and does not mean

  • It is a court case, not yet an order to leave. You have the right to answer and be heard.
  • If you do not answer within 7 days, the court issues a writ of possession right away, with no hearing.
  • If you answer, the court sets a trial. Georgia Legal Aid says it is generally about a week or so after the answer is filed.
  • Some courts offer free mediation on the hearing day. Fulton County Magistrate Court says it does.

The 7-day deadline and how to count it

  • Count 7 days from the date you were actually served. Start counting the day after you were served.
  • Georgia court summons forms say that if the 7th day is a Saturday, Sunday or legal holiday, you may answer on the next day that is not.
  • You can answer orally or in writing at the court named on the summons, and you can raise any defense or counterclaim you have.
  • If you lose at trial, the writ of possession takes effect 7 days after the judgment. Fulton County Magistrate Court says this 7-day period is set by the legislature and the judge cannot change it.
  • Fulton County Magistrate Court also says you have 7 days from the judgment to appeal, and that to stay in the home during an appeal a tenant must pay the judgment and future rent into the court registry. Ask legal aid how this applies to you.

What to do this week

  • Write down the service date and the court's address and phone number from the summons.
  • File your answer before the deadline, even if you plan to move. It keeps you in the case and gets you a trial date.
  • Call Atlanta Legal Aid Society or Georgia Legal Services Program right away. Georgia Courts: Self-Help Resources links to court forms and legal aid.
  • Pack important papers, medicine and valuables now. Georgia Legal Aid says that after the move-out deadline, county marshals can come at any time without warning.
  • Read after a Georgia foreclosure sale.

After the writ

Once a writ of possession takes effect, the sheriff, marshal or constable can remove you and your belongings, and property put out is treated as abandoned. If you have not already done so, ask the foreclosing law firm about any surplus from the sale; see Georgia foreclosure surplus funds.

Common questions

How long do I have to answer a Georgia dispossessory after foreclosure?

7 days from the date you were served. Georgia court forms say that if the 7th day is a Saturday, Sunday or legal holiday, you can answer on the next day that is not. You can answer orally or in writing at the court named on the summons.

What happens if I ignore the dispossessory summons?

The court issues a writ of possession right away, without a hearing, and you can be removed soon after.

How long do I have to move if I lose at trial in Georgia?

The writ of possession takes effect 7 days after the judgment. Fulton County Magistrate Court says this period is set by law and the judge cannot change it.

Is there free help with a Georgia dispossessory case?

Yes, if you qualify. Atlanta Legal Aid Society serves Clayton, Cobb, DeKalb, Fulton and Gwinnett counties, and Georgia Legal Services Program serves the rest of the state. Some courts also offer free mediation on the day of the hearing.

Other Georgia letters

Sources

  1. State Court of Chatham County, Georgia: Dispossessory Warrant affidavit and summons form
  2. Fulton County Magistrate Court: Landlord-Tenant (Dispossessory Actions) Tenant Pamphlet
  3. GeorgiaLegalAid.org: What to Know About Foreclosure (reviewed February 13, 2026)
  4. Georgia Courts: Self-Help Resources
  5. Atlanta Legal Aid Society
  6. Georgia Legal Services Program

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