When a tenant is served with a dispossessory summons and does not file a written answer within 7 days, you can request a default judgment — a court ruling in your favor without a hearing. This is the fastest path through the Georgia dispossessory process, and it's the outcome in the majority of cases.
What Is a Default Judgment?
A default judgment is a court ruling entered against a party who fails to respond to a legal action within the required time. In a Georgia dispossessory, if the tenant does not file a written answer within 7 calendar days of being served with the summons, the court can enter a default judgment in the landlord's favor.
The default judgment authorizes the court to issue a writ of possession — the court order that allows the marshal to physically remove the tenant from the property.
How to Request a Default Judgment
After the 7-day answer window closes without a tenant response, you must take action — the court does not automatically enter a default judgment. Here's the process:
- Confirm the answer deadline has passed — Count 7 calendar days from the date the summons was served (not the date you filed). Check with the court clerk if you're unsure of the service date.
- Contact the Magistrate Court clerk — Notify the clerk that the answer period has passed and request that a default judgment be entered. Some courts have a specific form for this; others accept a verbal or written request.
- Court enters the judgment — The judge or magistrate reviews the case and, if everything is in order, enters the default judgment and issues the writ of possession.
- Receive the writ — Once the writ is issued, you can schedule the set-out with the county marshal.
How Fast Does It Move?
In an uncontested case, the timeline from filing to writ of possession typically looks like this:
| Step | Typical Timeframe | |---|---| | File dispossessory affidavit | Day 1 | | Summons served on tenant | Day 3–7 | | Answer window closes | Day 10–14 | | Default judgment entered | Day 12–17 | | Writ of possession issued | Day 12–17 | | Set-out scheduled | Day 17–28 |
Total time from filing to set-out in an uncontested case: 3–4 weeks in most Georgia counties.
Don't Wait to Request the Judgment
One of the most common mistakes landlords make in uncontested cases is waiting too long to request the default judgment after the answer window closes. Every day you wait is another day the tenant remains in the property.
As soon as the 7-day window closes without an answer, contact the court and request the default judgment immediately.
What If the Tenant Answers Late?
If the tenant files an answer after the 7-day deadline, the court may or may not accept it depending on the circumstances. A late answer filed before the default judgment is entered may be accepted at the judge's discretion. Once the default judgment is entered, a late answer is generally not accepted.
W.D.S. Tracks Your Case
W.D.S. Eviction Service monitors the answer window for every case we handle. As soon as the deadline passes without a tenant response, we contact the court to request the default judgment — keeping your case moving without delay.
Call us at (404) 795-5069 to get started.
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