Q: Can I take legal action for eviction process irregularities and wrongful property removal in Georgia?
I was served papers for an eviction by my landlord. I filed a response, which was acknowledged by the court, and was given a court date. Unfortunately, I arrived at the hearing 15 minutes late and found it was already over. I was informed that typically, if no answer is given to an eviction notice, a writ can be issued the day of court. If an answer is provided, I should have seven days to vacate after being served by civil process. In my case, I was never served as such, yet my landlord immediately cleared my house of all belongings on the same day as the court hearing. I have video evidence showing the date and time that my belongings, including vehicles, firearms, and personal military items, were removed. Were my rights violated, and what type of attorney should I consult for assistance?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It sounds like your rights may have been violated in several ways. In Georgia, landlords must follow a specific legal process for eviction, including serving proper notice and obtaining a writ of possession from the court before removing your belongings. If you were not properly served and your property was removed without the proper court order, that could be considered an illegal eviction or wrongful removal.
You should consult with a tenant’s rights attorney or a civil litigation attorney who can help you address the wrongful removal of your belongings. They can review the details of your case, including the video evidence of the removal, and advise you on your options. It’s important to act quickly to preserve your legal rights and potentially recover your property or seek damages for any losses.
If the landlord violated the eviction process, your attorney may help you file a lawsuit for unlawful eviction, property damage, or other claims related to the illegal removal. The goal will be to hold the landlord accountable for their actions and make sure you are compensated for any losses or harm caused by the improper eviction process.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
