_______________________________________________________ MAGISTRATE COURT OF GWINNETT COUNTY STATE OF GEORGIA _______________________________________________________ Plaintiff(s) vs. _______________________________________________________ DISPOSSESSORY JUDGMENT CASE NO. __________________________________ _______________________________________________________ Defendant(s) [ ] JUDGMENT [ ] CONSENT JUDGMENT [ ] DEFAULT JUDGMENT [ ] DISMISSAL The above case having come on regularly to be heard, the Court makes the following findings: (check only if applicable) [ [ [ [ ] Defensive pleadings filed by Defendant(s) ] Counterclaim filed by Defendant(s) ] Plaintiff(s) appeared [ ] Plaintiff(s) failed to appear ] Defendant(s) appeared [ ] Defendant(s) failed to appear [ [ [ [ ]Voluntary dismissal w/out prejudice - Statement of Claim (may be refiled) ] Voluntary dismissal - Counterclaim ] Stipulated settlement and dismissal [ ] Court Dismissal ] Contested hearing held WRIT OF POSSESSION: IT IS HEREBY ORDERED and ADJUDGED that a WRIT OF POSSESSION (shall) (shall not) be issued: [ ] a. c. Instanter b. [ ] on __________________________________________________________________________________________________ [ ] Upon written affidavit to this court of defendant’s failure to pay plaintiff(s) $_______________________ principal, $__________________ interest, $ ______ attorney fees, and $ ______ court costs: , (1) on or before (2) as follows: ______________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________ MONEY JUDGMENT: [ ] Is not authorized, [ ] no personal service; [ ] tenant at sufferance; [ ] other ____________________. Or, is set forth below as the net judgment, for all claim(s) and counterclaim(s) filed with the court, without having been dismissed: d. [ ] Judgment be entered in favor of the defendant(s) against plaintiff(s). e. [ ] Plaintiff(s) recover judgment against defendant(s) $_____________________ principal, of which [ in the sum of ] all; or $______________________; is past due rent, $______________________ interest, $_____________________ attorney fees, and $__________________ court costs, and interest at f. [ ] % per annum as shall accrue hereafter. Plaintiff(s) has/have Consent Judgment against defendant(s) for the sum of $__________________ principal, $________________ interest, $________________ attorney fees, and $______________ court costs as follows: ___________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________ No FiFa will issue and no garnishment or other action will be taken on said consent judgment as long as payments are timely paid, as ordered. If the defendant(s) fail to make payment or should payment be made more than 5 days beyond the due date, the Clerk of Magistrate Court shall issue a FiFa in the amount then outstanding upon written notice from the plaintiff(s) that payments have not been made as agreed and upon payment of the applicable FiFa fee. g. [ ] Plaintiff(s) shall be paid $ ; or, [ ] defendant(s) shall be paid $ ; now being held in the court registry. h. [ ] Defendant(s) recover judgment against plaintiff(s) ___________________________________________________________ in the amount of $____________________ principal, $____________________ interest, and $_____________________ attorney fees. i. [ ] Defendant(s) counterclaim is hereby denied (in its entirety) (as to the issue of ) [ ] In the event of an appeal, pursuant to O.C.G.A. 44-7-56, in order for the defendant(s) to remain in possession of the premises, the defendant(s) j. shall immediately pay into the registry of the court the sum of $_______________ as past due rent through today’s date. The defendant(s) shall immediately pay future rent of $_____________for the balance of rent owed for this month, and then the amount of $____________/ month beginning on ___________ and continuing on the same day of each month thereafter until the issue has been finally determined upon appeal. The failure to comply with this provision may cause an immediate writ of possession for possession of the premises to be issued instanter by a court of competent jurisdiction. Duties of ALL judgment creditors: Upon payment of the entire debt upon which a judgment or FiFa has been issued, the judgment creditor shall, in writing, timely (within 60 days) direct the clerk(s) of the appropriate court(s) to: (1) cancel the writ of FiFa, if a writ was issued; (2) mark the judgment satisfied. Failure to timely comply may subject the judgment creditor to monetary damages, O.C.G.A. § 9-13-80. This day of , 20__ . _____________________________________________ Magistrate CONSENTED TO BY: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Q:\Magforms\Forms\Dispossessory Judgment Mag. 30-04 American LegalNet, Inc. www.FormsWorkflow.com