If your tenant files an answer contesting the dispossessory, the case goes to a hearing before a Magistrate Court judge. For many landlords, this is the most stressful part of the process — but it doesn't have to be. Here's exactly what to expect and how to prepare.
Where Hearings Are Held
Dispossessory hearings in Georgia are held in the Magistrate Court of the county where the property is located. Each county has its own courthouse and hearing schedule. You'll receive written notice of the hearing date, time, and location after the tenant files their answer.
What to Bring
Arrive at the hearing with organized documentation. The judge will ask questions and expects clear, documented answers. Bring:
- Signed lease agreement — the current lease for the property
- Rent ledger — a complete record of all rent due, payments received, and balance owed
- Proof of notice service — a copy of the demand for possession and documentation of how it was served
- Payment records — bank statements, payment app records, or property management software exports
- Communication records — relevant text messages, emails, or written correspondence
- Photos — if the eviction involves property damage or lease violations, bring dated photos
- Maintenance records — if the tenant raises a habitability defense, bring work orders and contractor invoices
What Happens at the Hearing
Dispossessory hearings are typically brief — 10–20 minutes in most cases. The process:
- Both parties are sworn in — the judge administers an oath
- Landlord presents their case — you explain the grounds for eviction and present your evidence
- Tenant presents their defense — the tenant responds and presents any evidence they have
- Judge asks questions — the magistrate may ask clarifying questions of both parties
- Ruling — the judge issues a ruling, typically at the end of the hearing
Common Outcomes
Judgment for the landlord — The court rules in your favor and issues a writ of possession. The tenant has a short window to vacate voluntarily before the marshal enforces the writ.
Judgment for the tenant — The court dismisses the case. This typically happens when the landlord failed to follow proper procedure, the tenant successfully raised a habitability defense, or the landlord couldn't document their case. You would need to start the process over.
Continuance — The judge postpones the hearing to allow more time for evidence or settlement. This adds time to your case.
Settlement — Parties sometimes reach an agreement before or during the hearing — for example, the tenant agrees to vacate by a specific date in exchange for the landlord dropping the case. Any agreement should be put in writing and signed by both parties.
If the Tenant Doesn't Show Up
If the tenant filed an answer but fails to appear at the scheduled hearing, the court will typically enter a default judgment in the landlord's favor. You still need to appear — if neither party shows up, the case may be dismissed.
Appeals
If the Magistrate Court rules against you, you have the right to appeal to the Superior Court within 30 days of the judgment. Appeals are less common but do happen. An appeal by the tenant after a judgment in your favor can also extend the timeline significantly.
After the Hearing
If you win, the court issues a writ of possession. Depending on the county, the writ may be issued the same day or within a few days of the hearing. Once you have the writ, you can schedule the set-out with the county marshal.
W.D.S. Eviction Service coordinates hearing scheduling and helps landlords prepare documentation for contested cases across all 28 counties we serve. Call us at (404) 795-5069.
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