Dispossessory Action - Forms

The Gwinnett County Sheriff's Entry of Service form is the document used to show service of process upon the defendant or garnishee. The fee for serving a summons by the sheriff's deparment can be found on the Magistrate Fee Page.

The Magistrate Court version of this form can also be modified to show proof of service of other documents also served by the sheriff's deputies.

Sheriff Entry of Service

Due to the short time period to answer a dispossessory action, 7 days from the date of service, please hand-deliver or use Express Mail. Also, we cannot accept email answers. If you fail to timely answer, you lose your right to be heard. Time is critical.

Dispossessory Answer

Purpose of form:

To dismiss claims or counterclaims. Most often, this form is used when the parties have settled their case "out of court," or have acquired new information that changes whether the case should still be tried by the court.

This form is used to dismiss civil cases and dispossessory actions. To become effective, a dismissal must be filed with the clerk of court.

If there is a counterclaim pending, the dismissal of the plaintiff's claim WILL NOT dismiss a counterclaim made by the defendant against the plaintiff. Therefore, a plaintiff should carefully examine all pleading or call the clerk of court, 770-822-8100, to determine whether a counterclaim has been filed before filing a dismissal.

The court recommends that if a counterclaim has been filed and the parties desire to dismiss both the claim and the counterclaim, that both parties sign the same dismissal of claims form and file the document with the clerk of court.

Dismissal of Claims