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Sam
Sam, Attorney at Law
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Experience:  20 years of experience practicing law.
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We live in Powder Springs, GA and want to find the best way

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We live in Powder Springs, GA and want to find the best way to get our adult son out of our house. We have been advised that the best way is to follow the eviction process. We no longer have a relationship with him. He has lost job after job, is on drugs, built up financial obligations, and makes our life impossible on a daily basis. I called the police and they advised me that they could not get him out because there were no drugs found on him, even thought they indicated he was high on something. He is verbably abusive constantly. He is a threat to our safety, goes in out at all hours of the night and leaves our doors open. Also he has brought people into our house while we were sleeping without our permission. We have talked to him over and over and he ignores everything. There is no reasoning with him. He has a past history of using drugs and gambling and feel he is endangering our lives because of the people he is associating with. He is a mess, does not have any upkeep, his bedroom and bathroom are always unkempt, despite requests to clean his act up. His car looks like a trash dump. We need your advice. Thank you.
Submitted: 8 months ago.
Category: Legal
Expert:  Sam replied 8 months ago.

Hello

My name is XXXXX XXXXX X look forward to discussing this and providing you information in this regard

I am sorry that your are enduring this situation

I suggest that you will have to go through the eviction process.

However, while that is taking place, I also suggest you can go to the Magistrate or District Court Commission in your county and request a Restraining Order. You will need to state that he is a threat to your wellbeing and that you are fearful of him - you can state specifically that he brings strangers into your home while you are asleep, etc. And that you are afraid and fearful for your safety

To begin the eviction process, you have to deliver to him a Notice to Vacate within 30 days. That has to be mailed to him Certified with Return Receipt Requested to show he got the Notice


While you are at the Magistrate's office for the Restraining Order tell them you also are going to evict him and mailing his Notice to Vacate, and will be needing a dispossessory warrant



I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21363
Experience: 20 years of experience practicing law.
Sam and 10 other Legal Specialists are ready to help you
Customer: replied 8 months ago.

Thank you for your answers. Can you clarify a few items in your response.


 


What is a dispossessory warrant?


 


Who issues the notice to vacate within 30 days?


 


Is it the court after we file the eviction or do we have to compose a notice and send it to him certified mail?


 


What if he does not respond to the certified notice, meaning he is not there to receive it and does not pick it up?


 


Thank you


 

Customer: replied 8 months ago.
Relist: Other.
I don't have time to wait for Sam to get back online.
Expert:  Sam replied 8 months ago.

Hello

I am here. And I apologize for the delay in this response. I had an inner office meeting I had to attend

The warrant will be the courts notice of your son to come to court for the eviction hearing. This is issued after YOU and your spouse have given the Notice to Vacate by certified mail to your son. Both of you must sign this

If he ignores the letter, then I suggest you have him served by a Private Process Server who will hand him the letter and attest that he got it.


Again, I apologize for the delay in this response


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