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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32339
Experience:  Began practicing law in 1992
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I was ordered the right of possession after a writ of possession was appealed. Now the ten

Customer Question

I was ordered the right of possession after a writ of possession was appealed. Now the tenant is appealing the decision to the state court (notice of appeal). What should I do now?
The State is GA.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. What do you want to achieve? Can you be more specific in your question?
Customer: replied 1 year ago.
I am trying to have a tenant removed from my property for none payment of rent. I filed for a writ of possession. The tenant has file 2 motion to have the writs overturned and the judge has declined them. Today, the tenant file a notice of appeal to the state court claiming their dissatisfaction with the magistrate courts' decision. I have been a property owner for years and this is the first time this has ever happened. Then tenant has not paid rent (over 3 months), however, he continues to file motions to extend his stay in my home. I am afraid that with this appeal to the state court that months could pass before the appeal is reviewed.
Expert:  Dwayne B. replied 1 year ago.
Have you asked that an appeal bond be set or have they filed an appeal bond?
Customer: replied 1 year ago.
I have not.. I have no idea what an appeal bond is (this sounds like a request to have the tenant pay funds before the appeal can be honored? If this is correct then that's exactly what I need. The tenant has not been required to pay for any motions/appeals thus far. As a result, he has remained in the home..rent free. I am also concerned that iff the tenant runs this process and loses, 6 months later, then I lose more because they have occupied the home rent free in the process).
Expert:  Dwayne B. replied 1 year ago.
Yes, you can file a request with the court to have them file an appeal bond in an amount double or triple the amount of money it is costing you to have the place unoccupied with them not paying rent. If they lose, then the court will award the bond to be given to you. You actually should have asked for it n the first appeal.
Customer: replied 1 year ago.
At this point, should I seek counsel or have this entered? The tenant has not intention of paying. However, they are going to push these appeals/motions, as long as possible. I have a court order agreement that the tenant has filed to comply with. I am perplexed that it has even taken this long.
Expert:  Dwayne B. replied 1 year ago.
Probably g ahead and see the lawyer. The judge is almost certain to order the bond if the request is done right and they may not be able to make the bond in which case the appeal will be dismissed.

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