QUESTION
Can a defendant ask that a claim a be dismissed on the seventh day of being served a dispossessory warrant due to being incorrectly named in the case?
Asked on Feb 03rd, 2013 on Landlord and Tenant Law - Georgia
More details to this question:
A dispossessory warrant by tack and mail was served almost seven days ago and the name used is not the defendant's correct name. It also says and all other occupants which would include children under sixteen. This involves a tenant on month to month since lease expired at end of August 2012. There are other questions such as stating a need for a transfer of the case to another court (in the answer) because the defendant's counterclaim is more than the magistrate court's limit.
1 ANSWER
Automobile Accidents Attorney serving Alpharetta, GA
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William L. Colvin, P.C.
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You need an attorney to handle that issue for you as I would not think that a misnomer would be fatal but would need more facts - you need to file answer within the stated time period or u will lose the opportunity to litigate the issues - as far as transferring due to ccs exceeding mag. ct. limits - mag. ct may or may not transfer - you can appeal but u'll end up having to pay rent if you want to stay in possession.
Answered on Feb 04th, 2013 at 5:12 PM