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Received a judgment today in GA Magistrate court on Writ of Possession. Judge gave me 7 days as tenant, how can I appeal ruling?
Anonymous4 views1 answers
I was taken to court by my landlord for unpaid rent. My current rent is $1650 but after 5th the late fee is an additional $165. Received letters on 6th and 12th about disposessory actions from. On 20th, was in contact with landlord about late rent. I also advised landlord of $160 that was paid for condo air condition unit. That same day, landlord was paid $1655. I also shared $160 receipt to landlord for reiairs. (Deducted from rent)
In court, judge gave me credit for late rent and repair costs. landlord's artty agreed to payments except court costs. What costs? I knew nothing about court costs and it wasnt listed on any documents or even notice from courts. That was first time I'd heard of it. Judge entered ruling of 7 days due to nonpaymnt of court costs. Can I appeal ruling?
You have 30 days from entry of the judgment, and it is what's called a de novo appeal. Code Section 5-3-21 governs it:
(a) An appeal to the superior court may be taken by filing a notice of appeal with the court, agency, or other tribunal appealed from. No particular form shall be necessary for the notice of appeal, but the following is suggested:
(NAME OF INFERIOR JUDICATORY)
STATE OF GEORGIA
)
)
v. ) (Case number
) designation)
)
)
APPEAL TO SUPERIOR COURT
Notice is hereby given that , appellant herein, and
, above-named, hereby appeals to the Superior
(plaintiff, defendant, etc.)
Court of§§§§§§§§ County from the judgment (or order, decision, etc.)
entered herein on (date) , .
Dated: .
Attorney For
Appellant
Court costs are the costs of filing the action and serving you, etc.
Your best bet - really, the right option in this kind of situation, is to have an attorney on your behalf who can argue the landlord-tenant issues in your favor.
Address
(b) A copy of the notice of appeal shall be served on all parties in the same manner prescribed by Code Section 5-6-32. Failure to perfect service on any party shall not work dismissal, but the superior court shall grant continuances and enter such other orders as may be necessary to permit a just and expeditious determination of the appeal.
