Cobb County Magistrate Court provides information about evictions

This was provided by Cobb County Magistrate Court which hear cases about eviction from rental units

Frequently Asked Questions (FAQs)

about Evictions during the Judicial Emergency

This is not intended to be used as legal advice. Please consult an attorney for legal advice about your individual case.

What is the judiciary’s response to the COVID-19 pandemic?

On March 14, 2020, Chief Justice Harold D. Melton of the Georgia Supreme Court issued an amended Order Declaring Statewide Judicial Emergency (“Order”). This Order declared that “courts should remain open to address essential functions.”

Are evictions an essential function?

Chief Magistrate Judge Brendan F. Murphy has determined that Dispossessory matters (landlord/tenant evictions) are NOT an essential function of the Magistrate Court of Cobb County as defined by the Chief Justice’s Order. During the statewide judicial emergency—which lasts until April 13, 2020 but may be extended by the Chief Justice—all eviction matters are on hold.

Do I have to come to court during the judicial emergency for an eviction hearing?

No. All eviction hearings are cancelled. No court dates are being set. No orders are being signed nor writs of possession being granted. After the judicial emergency ends, all affected parties will be provided with notice of a new court date.

I am a landlord. Can I still file a new eviction case?

Yes, the Chief Justice’s Order does not prevent parties from filing civil actions. By law, the Magistrate Court Clerk’s Office must continue to accept civil filings. However, no hearings will be scheduled until after the judicial emergency ends.

Are new eviction actions still being served?

Magistrate Court is not directly releasing service copies to the Sheriff’s Office or private process servers. However, some process servers continue to serve new filings. Being served with a new eviction action does not mean you have to immediately move out. You are entitled to a hearing which will occur after the judicial emergency ends.

If I’m served with a new eviction during the judicial emergency, do I have to file an Answer within seven (7) days?

No. The Chief Justice’s Order “suspends, tolls, extends, and otherwise grants relief from any deadlines or other time schedules or filing requirements.” An Answer may be filed during the judicial emergency, but it does not have to be.

When do I need to file an Answer?

If you were served during the judicial emergency, you must answer within seven (7) days of the judicial emergency ending. If you were served before the judicial emergency was declared, your time to answer will be shorter based on the date of actual service. If you have questions about your deadline to respond, please contact an attorney or call Magistrate Court at (770) 528-8900.

Is the Sheriff’s Office assisting in evictions during the judicial emergency?

No. The Sheriff’s Office does not currently possess any eviction cases that may be acted on during the judicial emergency. Magistrate Court is not releasing any “blue slips” or writs of possession.

I am worried that I will be evicted. What should I do?

Contact a lawyer and stay in contact with your landlord or management company to determine what options may be available to you during this difficult time.

Can I make partial rent payments?

Each situation is unique. Contact an attorney, review your lease, or discuss partial payments with your landlord or management company directly.

What about foreclosures?

Magistrate Court does not handle residential property foreclosures. Please speak with an attorney or your mortgage company.

How can I get an attorney to help me?

Please call Cobb Legal Aid (770-528-2565) or the Cobb County Bar Association Lawyer Referral Service (770-424-2947) for help finding legal representation. No or low cost options may be available.

What should I do if I have a question about an eviction case?

Please visit www.cobbcounty.org/courts/magistrate-court or call Magistrate Court at (770) 528-8900. A real person will answer the phone during normal business hours: Mon - Fri, 8:00 a.m. – 5:00 p.m.