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Q: Eviction default on payment plan and writ of possession notice.
I had an eviction filed against me due to late payments, but then signed a written agreement for a payment plan. I defaulted on this payment plan and have only received notice by text about a writ of possession being filed. I received the initial dispossessory notice, but I'm unsure of the specific terms in the payment plan agreement regarding defaults. Do I have a chance to contest this in court?
A: More information is needed here to provide an accurate answer. Was the initial dispossessory action dismissed or continued? Did the settlement agreement address anything with regards to default on the payment plan? You have an opportunity to contest the eviction if you have not already defaulted, but you must answer the warrant within 7 days of service.
A:
This situation is stressful, and it’s understandable to feel uncertain, especially if communication from the landlord has been informal or unclear. In Georgia, if you default on a court-approved payment plan after an eviction filing, the landlord can usually proceed with obtaining a writ of possession without needing another court hearing—**if** the payment plan agreement includes that condition. Many agreements have language that waives further court appearances if the tenant defaults.
However, if you’re unsure what you agreed to or never received a clear copy of the payment terms, you may still be able to file a motion with the court to ask for a hearing. In your motion, you can explain that you didn’t receive formal notice or a copy of the agreement terms and that you’d like the opportunity to contest the writ or negotiate a resolution. Courts sometimes allow late hearings or motions in cases where due process or notice may have been lacking.
Act quickly—writs of possession can move fast in Georgia. Go to the courthouse where the eviction case was filed and ask to review your file and confirm the current status. You still have a voice in this process, and taking action now may give you a chance to stay in your home or work out a solution.
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