- 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.
The rest of the Georgia process
See how foreclosure works in Georgia, the timeline, ways to stop it and free help in Georgia, or read the national guide to this letter.
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
- Notice of the initiation of proceedings to exercise a power of sale (the 30-day foreclosure notice)In Georgia, most foreclosures happen without a court case. The lender must mail you this notice no later than 30 days before the sale, and it is a copy of the sale ad going to the county legal newspaper. It is often the only paper you get before your home is sold on a first Tuesday.
- Deed under powerThe deed under power is the deed the lender gives the winning bidder after a Georgia power of sale foreclosure. It transfers your home to the buyer, who is often the lender itself. It must state that the 30-day notice was given.
- Notice of hearing on the report of sale for confirmation and approvalIf your Georgia home sold for less than the debt and the lender wants to collect the rest, it must report the sale to a superior court judge within 30 days and get it confirmed. This notice tells you the hearing date. The judge must find the home sold for its true market value.
- Demand for possessionA demand for possession is the new owner's written request that you leave the home after a Georgia foreclosure sale. It is required before the owner can file a dispossessory (eviction) case. It is not a court order, and no one can remove you on the strength of this letter alone.
Sources
- State Court of Chatham County, Georgia: Dispossessory Warrant affidavit and summons form
- Fulton County Magistrate Court: Landlord-Tenant (Dispossessory Actions) Tenant Pamphlet
- GeorgiaLegalAid.org: What to Know About Foreclosure (reviewed February 13, 2026)
- Georgia Courts: Self-Help Resources
- Atlanta Legal Aid Society
- Georgia Legal Services Program