You can ask the court to stop the eviction by filing an Application to Stay Execution of the Writ of Restitution in the Landlord and Tenant Clerk's Office. If the reason the landlord sued you is because you owe rent, you can avoid eviction by paying the landlord all of the rent and court costs that you owe as of the day the you make the payment. (This includes the rent that has come due since the time the landlord filed the lawsuit.) If you bring your account current with the landlord, the landlord cannot evict you unless he or she brings a new lawsuit.
If you are already involved in a non-payment of rent case in Landlord and Tenant, you can file a counterclaim to collect money from your landlord for part or all of the rent that you paid in the past when the apartment or house was in need of repair. You can also collect money to reimburse you for the costs of repairs that you have personally made to the apartment or house. Other suits for damages for personal injuries or damage to a tenant's personal property must be filed in the Small Claims and Conciliation Branch, 510 4th Street, NW, Building B, Room 120 if the amount is $10,000 or less. Suits for damages more than $10,000 must be filed in the Civil Actions Branch, Room 5000 in the Moultrie Courthouse.
If you do not believe that you should be evicted, you can come to court immediately and file an Application to Stay Execution of the Writ of Restitution in the Landlord and Tenant Clerk's Office. You may also want to file a motion to ask the court to vacate the judgment so that you can present defenses you have to the case. There is no cost for the application.
You can file a motion with the court asking the court to enter sanctions against the tenant. The cost for the motion is $10.
Whether remote or in-person, the judge makes important announcements about what will happen in court and the parties' rights. After these announcements, the courtroom clerk calls roll and parties must answer that they are "present" and state their names. Failure of plaintiff participation may result in a default.
A judgment for possession of real property against the defendant gives the plaintiff the right to file a writ of restitution, which is a court document authorizing the eviction of the defendant under the supervision of the United States Marshals Service.
If the landlord sues the tenant for possession because the tenant owes rent, the landlord can also request that the tenant be required to pay the back rent and any other monies due, such as late fees. If the landlord makes this kind of request, he or she is asking for a money judgment.
In civil matters, a money judgment is a final disposition of a lawsuit with a monetary compensation.
What should I bring to my hearing? You should bring any and all information pertaining to your case and your hearing notice, inlcuding but not limited to, case number, personal identification (if not remote) and any evidence that is appropriate for the hearing. Examples of evidence that relate to your case may include: your lease, rent receipts, other receipts, ledgers, photos, emails, complaints, notices to vacate, notices to vacate or correct, notice to quit, nonpayment of rent notice, or anything else that will explain your side of the case.
You can contact the landlord and ask for an extension of time. If you are not able to work something out with the landlord, you can ask the court to give you more time. However, in most cases a judge will not change the dates that payments are due in a written payment plan, even if you have a very good reason for why you cannot pay on time.
If you cannot reach an agreement with your landlord, you can ask a court-trained mediator to help you work out an agreement. You also have the right to take your case in front of the judge. The judge cannot force the landlord to accept payment dates or other terms that the landlord does not agree to. But, if you have defenses to the landlord's claims, you can ask the court for a trial. However, if you do not have any defenses, the judge may enter a judgment against you. If you are not sure whether you have defenses, you should talk to an attorney in the Landlord and Tenant Legal Assistance Network, Rising for Justice, or another attorney to make sure that you are making the best decision for your case. If you need more time to talk to a lawyer, you can ask the judge for a continuance.