The Writ of Possession in Georgia: What It Is and How to Get It

The writ of possession is the court order that gives you the legal right to reclaim your property after winning a dispossessory case. Without it, you cannot legally remove the tenant or their belongings — even after a judgment in your favor. Here's how the writ works, how to get it, and what happens once it's issued.

What Is a Writ of Possession?

A writ of possession is a court order issued by the Magistrate Court after a judgment in the landlord's favor. It authorizes the county marshal or sheriff to physically remove the tenant and their belongings from the property and restore possession to the landlord.

The writ is the final legal step before the physical set-out. You cannot change the locks, remove the tenant's belongings, or take any other action to remove the tenant until the writ is executed by law enforcement.

When Is the Writ Issued?

The writ of possession is issued after the court enters judgment in your favor — either by:

• Default judgment — when the tenant fails to answer within 7 days of service
• Judgment after hearing — when the court rules in your favor after a contested hearing

In most Georgia counties, the writ is issued 7 days after judgment to give the tenant a brief window to vacate voluntarily. Some courts issue the writ sooner; the timing varies by county.

How to Get the Writ

After judgment is entered, you or your eviction service must request the writ from the Magistrate Court clerk. The process:

1. Confirm judgment has been entered — Check with the court clerk that the judgment is in the record
2. Request the writ — Ask the clerk to issue the writ of possession. Some courts issue it automatically after the waiting period; others require a formal request.
3. Pay any required fees — Some counties charge a small fee to issue the writ
4. Receive the writ — The court issues the writ and forwards it to the marshal's office for execution

What the Writ Authorizes

The writ of possession authorizes the marshal or sheriff to:

• Enter the property
• Remove the tenant and any occupants
• Oversee the removal of the tenant's belongings from the unit
• Restore possession of the property to the landlord

The writ does not authorize you to dispose of the tenant's belongings. Items removed during the set-out are typically placed on the curb or in a designated area outside the property.

What the Writ Does NOT Authorize

Even with a writ in hand, there are things you cannot do before the marshal executes it:

• Change the locks — You cannot change the locks until after the marshal has executed the writ and the tenant has been removed
• Remove the tenant's belongings yourself — Only the marshal can oversee the physical removal
• Shut off utilities — Cutting utilities before the writ is executed is considered a self-help eviction and is illegal in Georgia
• Enter the unit without the marshal — Wait for the scheduled set-out date

Attempting any of these actions before the writ is executed exposes you to significant legal liability.

After the Writ Is Issued

Once you have the writ, contact the county marshal's office to schedule the set-out. Wait times vary by county — some schedule within a week, others have backlogs of two to three weeks.

W.D.S. Eviction Service handles writ requests and marshal scheduling for every case we manage. Once judgment is entered, we move immediately to get the writ issued and the set-out scheduled.

Call us at (404) 795-5069 to discuss your case.