Affidavit For Foreclosure Of Personal Property {MAG 15-02}

MAGISTRATE COURT of GWINNETT COUNTY P.O. BOX 246 LAWRENCEVILLE, GA 30046-0246 Civil Action File No. Plaintiff(s) Name, Address vs. INFO & FORMS ON INTERNET www.gwinnettcourts.com Defendant(s) Name, Address Telephone: (Day) ________________________; (Night) ______________________ AFFIDAVIT FOR FORECLOSURE OF PERSONAL PROPERTY Personally appeared _____________________________________________who, on oath, says that he/she is [ ] Plaintiff(s) [ ] Agent ; [ ] Attorney-at-Law; for Plaintiff(s); and is authorized to make this Affidavit, and that Defendant(s) herein, whose address is set forth above herein is indebted to said Plaintiff(s) in the amount(s) of: (fill in amounts as applicable) Principal ($___________________); ($__________________________) interest thereon, upon a [ ] Security Agreement ; [ ] Contract Retaining Title; in and who, on oath, says that the original thereof, or a true copy of same, is attached hereto and made a part hereof, and that said indebtedness is past due, and that the Defendant(s) is/are either now a resident of Gwinnett County, Georgia, or was a resident thereof at the date said writing was executed, and that this affidavit is made for the purpose of foreclosing indebtedness together with interest thereon and all costs of these proceedings. [ ] Check if Applicable (Affiant alleges that the security interest at issue arose out of a "commercial claim" as defined by Code Section 44-14237, as amended, and that the Defendant(s) has waived same or all of the rights and provisions contained in Code Section 44-14-230, a copy of such waiver shall be attached hereto and such attachment shall be construed as an allegation, under oath, of such waiver.) Sworn and subscribed before me this ________day of _______________________________, 20_______ ____________________________________________ (If Agent /Attorney ­ Title or Capacity) _______________________________________________________ Notary Public/Attesting Official/Clerk My Commission Expires: __________________________________ ____________________________________________ Bar Number (if applicable) NOTICE AND SUMMONS TO: Defendant(s) You are hereby commanded and required personally or by attorney to file with the Clerk of the Magistrate Court of Gwinnett County, within (7) days from the date of service of the within affidavit and summons, or on the first business day thereafter if the seventh day falls on a Saturday, a Sunday, or a legal holiday, then and there to answer said affidavit in writing or orally. (See mailing address above, or file in person at 75 Langley Drive, Lawrenceville GA 30046.) If the Defendant(s) fails to answer on or before the seventh day form the date of service, the Defendant(s) may reopen the default as a matter of right by making an answer within seven (7) days after the date of the default notwithstanding the provisions of O.C.G.A. 9-11-55. If the seventh (7) day is a Saturday, a Sunday, or a legal holiday, the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. If the answer is not so made, a writ of possession shall issue against Defendant(s) as by law provided, pursuant to Plaintiff(s)' affidavit. Filed this ________ day of ______________ 20_____ WITNESS the Honorable Krisitna Blum, Chief Magistrate _____________________________________ Magistrate/Deputy Clerk of Court ____________________________________________ Plaintiff(s) or - Agent - Attorney ____________________________________________ Daytime Phone Number Q:\MAGFORMS\MAG 15-02 Affidavit of Foreclosure (Personal Property) (Rev 8-10) American LegalNet, Inc. www.FormsWorkFlow.com