Nashville, TN asked in Appeals / Appellate Law, Real Estate Law and Landlord - Tenant for Georgia

Q: how can I stop frivolous court appeals from a person illegally in my property?

My Section 8 tenant died(not in the house) and Atlanta Housing Authority closed the contract, issuing notice that they not responsible after 03/31/2016. The son (caregiver) agreed to move but his brother (not on the lease) had moved into the property and is countersueing my dispossessory action for 3.5 million dollars, claiming harassment. He has filed motion after motion that has been dismissed by the court, because the counter suit has not been heard yet. Now he is appealing to the state Supreme Court to hear his appeal that was rejected by the appellate court. Is there a way to stop these frivolous motions?

1 Lawyer Answer
William C. Head
William C. Head
PREMIUM
Answered
  • Criminal Law Lawyer
  • Sandy Springs, GA
  • Licensed in Georgia

A: Your lawyer could file an equitable remedies type of civil case against the freeloader, and a motion to have the person who is clearly trespassing PAY a monthly amount, or lump sum amount into court, to cover your estimated lost rental value, in the event the case goes against him. This would be a type of equitable action, as attorney label this type of action.

Don't file anything without a lawyer.

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