- Magistrate Court Office
- Landlord/Tenant Dispossessory/Eviction
Filing for Eviction
To evict your tenant, you must file a dispossessory (eviction notice). A dispossessory is the correct action to file through the Magistrate Court when attempting to evict tenants from the property.
We attempt next day service, but in some cases, we are unsuccessful; The Emanuel County Sheriff's Office will serve them as quickly as possible.
When the tenant is served, the law allows them a total of 7 straight days from the date they receive the notice to file their answer (response). The 7 days include weekends, holidays, etc. If the 7th day falls on the weekend or a holiday, their answer is due on the next business day before 5 p.m.
If the tenant chooses to file an answer, within the 7 days, filing their answer will stop the eviction process and you will receive a court date in the mail. If they choose not to answer, a writ of possession will be issued automatically giving you, the landlord the right to take the property back whereas you can remove all of their belongings.
Responding to Eviction
Serving Eviction Notices:
If you have been served with a dispossessory (eviction notice), then your landlord has filed an eviction through the Magistrate Court against you attempting to evict you from the property. You can be served by the notice being tacked on the door or served in person.
Responding to Eviction Notices:
You have a total of 7 straight days from the date you are served to file your answer (response). The 7 days includes weekends, holidays, etc. If the 7th day falls on the weekend or a holiday, your answer is due on the next business day before 5 p.m.
If you choose to file an answer within the 7 days, filing your answer will stop the eviction process and you will receive a court date. If you choose not to answer, a writ of possession will be issued automatically to the landlord giving your landlord the right to immediately take the property back whereas they can evict you and remove all of your belongings.
Answers & Responses:
- All answers must be in writing
- No answer can be taken over the phone or received by fax
- All answers must be filed in person
- No one can bring your answer in for you
- No additional days can be given by the court beyond the 7 days to file your answer