Dispossessory Judgment {MAG 30-04}

_______________________________________________________ _______________________________________________________ Plaintiff(s) vs. _______________________________________________________ _______________________________________________________ Defendant(s) [ ] JUDGMENT [ ] CONSENT JUDGMENT [ [ [ [ ] Defensive pleadings filed by Defendant(s) ] Counterclaim filed by Defendant(s) ] Plaintiff(s) appeared [ ] Plaintiff(s) failed to appear ] Defendant(s) appeared [ ] Defendant(s) failed to appear [ [ [ [ MAGISTRATE COURT OF GWINNETT COUNTY STATE OF GEORGIA DISPOSSESSORY JUDGMENT CASE NO. __________________________________ [ ] DEFAULT JUDGMENT [ ] DISMISSAL The above case having come on regularly to be heard, the Court makes the following findings: (check only if applicable) ]Voluntary dismissal w/out prejudice - Statement of Claim (may be refiled) ] Voluntary dismissal - Counterclaim ] Stipulated settlement and dismissal ] Contested hearing held WRIT OF POSSESSION: IT IS HEREBY ORDERED and ADJUDGED that a WRIT OF POSSESSION (shall) (shall not) be issued: a. [ c. [ $ ] Instanter b. [ ] on ] Upon written affidavit to this court of defendant's failure to pay plaintiff(s) $ ______ (1) on or before (2) as follows: attorney fees, and $ ______ , court costs: ___ ___ principal, $______ interest, MONEY JUDGMENT: [ ] Is not authorized, [ ] no personal service; [ ] tenant at sufferance; [ ] other ____________________. Or, is set forth below as the net judgment, for all claim(s) and counterclaim(s) filed with the court, without having been dismissed: d. e. [] [] $ Judgment be entered in favor of the defendant(s) against plaintiff(s). Plaintiff(s) recover judgment against defendant(s) ______ principal, $ ______ interest, $ ______ attorney fees, and $ ____ in the sum of court costs, and interest at f. % per annum as shall accrue hereafter. ( for the sum of attorney fees, and $ _____ court costs as follows: [] $ Plaintiff(s) has/have Consent Judgment against defendant(s) _______ principal, $ _______ interest, $ _______ No FiFa will issue and no garnishment or other action will be taken on said consent judgment as long as payments are timely paid, as ordered. If the defendant(s) fail to make payment or should payment be made more than 5 days beyond the due date, the Clerk of Magistrate Court shall issue a FiFa in the amount then outstanding upon written notice from the plaintiff(s) that payments have not been made as agreed and upon payment of the applicable FiFa fee. g. h. [ ] Plaintiff(s) shall be paid $ ; or, [ ] defendant(s) shall be paid $ ; now being held in the court registry. [ ] Defendant(s) recover judgment against plaintiff(s) ___________________________________________________________ in the amount of $ _______ principal, $ __ _____ interest, and $ _______ attorney fees. ) i. j. the registry of the court the sum of $_______________ as past due rent, in order to remain in possession of the premises, .in the event defendant(s) file(s) an appeal, Furthermore, the tenant shall pay future rent, in the amount of $________________/ month beginning on _________________ and continuing on the same day of each month thereafter until the issue has been finally determined upon appeal. The failure to comply with this order may cause an immediate writ of possession to be issued instanter by a court of competent jurisdiction. Duties of ALL judgment creditors: Upon payment of the entire debt upon which a judgment or FiFa has been issued, the judgment creditor shall, in writing, timely (within 60 days) direct the clerk(s) of the appropriate court(s) to: (1) cancel the writ of FiFa, if a writ was issued; (2) mark the judgment satisfied. Failure to timely comply may subject the judgment creditor to monetary damages, O.C.G.A. § 9-13-80. This day of , 200 . [ ] Defendant(s) counterclaim is hereby denied (in its entirety) (as to the issue of [ ] Upon motion of the landlord, the court finds, pursuant to O.C.G.A 44-7-56, defendant(s) shall pay into CONSENTED TO: Magistrate N:\Magforms & C:\MyFiles\Forms\Dispossessory Judgment Mag. 30-04 American LegalNet, Inc. www.USCourtForms.com