Fulton County Magistrate Court handles more dispossessory cases than any other county in Georgia. If you own rental property in Atlanta, Sandy Springs, Roswell, Alpharetta, or anywhere else in Fulton County, here's what you need to know about the local eviction process.
Filing in Fulton County
Dispossessory affidavits in Fulton County are filed with the Fulton County Magistrate Court, located in Atlanta. As the most populous county in Georgia, Fulton handles a high volume of cases — which affects scheduling timelines at every stage of the process.
Filing fee: Fulton County's dispossessory filing fee is among the higher in the metro area, typically ranging from $100–$150. Fees are subject to change; confirm the current fee with the clerk's office before filing.
Where to file: The Fulton County Magistrate Court Civil Division handles dispossessory filings. Cases involving properties in the City of Atlanta are filed here regardless of which part of the city the property is in.
Service of the Summons
After filing, the Fulton County Marshal's Office serves the summons on the tenant. Given the high volume of cases, service in Fulton County typically takes 5–10 days from the filing date. The marshal will attempt service at the property address.
If the tenant is not available for personal service, the marshal will use tack-and-mail service — posting the summons on the door and mailing a copy.
The Answer Window
Once served, the tenant has 7 calendar days to file a written answer with the court. In Fulton County, a significant percentage of tenants do file answers — particularly in the City of Atlanta, where tenant advocacy organizations are active and some tenants are familiar with the process.
If the tenant does not answer, you can request a default judgment immediately after the 7-day window closes.
Hearings in Fulton County
If the tenant files an answer, the case is set for a hearing. Fulton County's high case volume means hearing dates are typically scheduled 2–4 weeks after the answer is filed — sometimes longer during peak periods.
Preparation matters in Fulton County. Bring:
- Signed lease agreement
- Complete rent ledger
- Proof of notice service
- All relevant communication records
Set-Out Scheduling
After the writ of possession is issued, the Fulton County Marshal's Office schedules the set-out. Fulton County is one of the busiest counties for set-out scheduling — expect 1–3 weeks from writ issuance to set-out date, depending on the marshal's current docket.
You must have a set-out crew ready for the scheduled date. If no one is present when the marshal arrives, the set-out will be cancelled and must be rescheduled.
Key Contacts
- Fulton County Magistrate Court: 185 Central Ave SW, Atlanta, GA 30303
- Fulton County Marshal's Office: Coordinates both summons service and set-out scheduling
W.D.S. in Fulton County
W.D.S. Eviction Service has handled hundreds of dispossessory cases in Fulton County. We know the court's filing requirements, the marshal's scheduling process, and what it takes to move cases efficiently in one of Georgia's busiest jurisdictions.
Call us at (404) 795-5069 to start your Fulton County eviction case.
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