Consequences of Failing to Answer a Dispossessory Affidavit: Understanding Tenant Default Judgments

Nemat Law Firm

When a tenant fails to respond to a dispossessory affidavit in Georgia, significant consequences can follow. Here’s what happens when a tenant defaults:

  1. Default Judgment: Failing to answer the affidavit results in a default judgment being issued against the tenant. A default judgment is a decision made by the court in favor of the plaintiff (landlord) when the defendant (tenant) does not respond within the required timeframe.
  2. Loss of Possession: A default judgment could lead to the landlord gaining possession of the premises. The court issues a writ of possession, executed by law enforcement, to transfer the property from the tenant to the landlord.
  3. Limited Legal Options: Once a default judgment is entered, the tenant’s legal options become limited. The court typically does not allow the tenant to present evidence or hold additional hearings. The judgment is based on the evidence provided in the landlord’s affidavit.

It’s essential for tenants to understand the serious implications of failing to respond to a dispossessory affidavit. Default judgments can result in the loss of possession of the premises, money judgment in favor of the landlord and limited recourse for the tenant.

Legal Disclaimer: This article is provided for educational purposes only and does not constitute legal advice. Tenants facing eviction proceedings should seek professional legal assistance for specific legal questions and concerns.

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