Canton, GA asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Georgia

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?

1 Lawyer Answer

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.

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