Personal Property Foreclosure - Forms

The purpose of this form is to allow any person holding a security interest on personal property and wishing to foreclose on the security interest to make a statement under oath by affidavit, either in person or by that person's agent, attorney-in-fact or attorney at law, for a writ of possession before any judge of the magistrate or a clerk of the Magistrate Court, within the county where the debtor may reside or where the secured property is located.

The Affidavit contains a summons as prescribed in code section 44-14-232. The summons shall be served upon defendant(s) by county sheriff, deputy or marshal, or any lawful constable of the county where the debtor resides or the secured property is located.

The summons will command and require that the defendant answer either orally or in writing within seven (7) days from the date of the actual service unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made on the next day which is not Saturday, a Sunday, or a legal holiday.

The plaintiff must choose either of two options concerning the disposition of the personal property.

The Plaintiff must choose one option or the other.

1. That the property be surrendered to the Plaintiff(s) for retention or disposition in accordance with O.C.G.A. Article 9 of Title 11
2. That the property be advertised and sold as in the case of levy and sale under execution as by law provided.

This election directs the sheriff, deputy sheriff as the duly authorized levying officer of the court as to how the Plaintiff desires to have the personal property returned to plaintiff in accordance with O.C.G.A. Article 9, Title 11, or advertised and sold by the sheriff.

If the defendant fails to file a timely answer, or the plaintiff prevails at trial, plaintiff may apply for a Writ of Possession.

This form allows the Plaintiff to describe the items and location of the items that are in the defendant's possession. The court then issues a Writ of Possession as an order directing the sheriff, deputy sheriff, or marshal to retrieve plaintiff's property from the defendant.

The Order directs the defendant to return certain listed property to the plaintiff.

This property shall be returned to the sheriff, deputy sheriff or marshal, or any lawful constable, of the county where the defendant resides or of the county where the secured property is located.

Order for Possession of Personal Property [DOC]