Lawrenceville, GA asked in Appeals / Appellate Law and Landlord - Tenant for Georgia

Q: Did you read a possession there's issued yesterday I was late to court ,can I file appeal in person today at courthouse?

I'm at courthouse now and fixing to walk into magistrate clerk of Court office to do so how do I proceed?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I understand you are in a challenging situation and want to file an appeal quickly. Here is some general guidance, but keep in mind that specific procedures can vary by court and jurisdiction:

1. Go to the clerk's office for the court that issued the dispossessory order (in this case, the magistrate court). Let them know you want to file an appeal.

2. The clerk should provide you with the necessary appeal forms to fill out. This may include a Notice of Appeal. Complete these forms thoroughly and accurately.

3. You will likely need to pay a filing fee for the appeal, unless you request and qualify for a fee waiver due to inability to pay. Ask the clerk about the fee amount and payment methods.

4. The clerk will be able to tell you the deadline for filing the appeal (often it's within a few days of the judgment). Make sure you are filing within that window.

5. You may also need to request a copy of the trial transcript from the original hearing to submit with your appeal. Ask the clerk how to obtain that.

6. Serve a copy of your appeal paperwork to the opposing party (the landlord), following the rules for service of process. The clerk can explain this as well.

7. The clerk will inform you of next steps, which may include an appeals hearing scheduled in the near future.

Remember, an appeal is not a new trial. You generally need to show the original court made an error in applying the law. Gather any evidence and legal arguments to support your case.

If at all possible, consult with a landlord-tenant attorney right away for specific guidance on your appeal. Many offer low-cost consultations. Appealing properly is critical to protecting your rights. Best of luck with the process.

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