How to File an Eviction in Fulton County Magistrate Court (2026 Landlord Guide)

Most Fulton County evictions are dispossessory cases in the Magistrate Court of Fulton County, 185 Central Ave SW, Atlanta. This guide walks a landlord or property manager through each stage, where cases stall, and what to have ready. It is general information, not legal advice.

1. Make a demand for possession

Georgia law requires the landlord to demand possession before filing. Keep a copy of the demand and proof of how and when it was delivered — a defective demand is a common reason contested cases are delayed.

2. File the dispossessory affidavit

The dispossessory affidavit names the plaintiff exactly as it should appear on court documents, the tenant, the full property address including unit number, and the amounts claimed. Fulton accepts electronic filing; a complete packet can be filed the same day.

• Plaintiff name (owner or management entity)
• Tenant name(s) and any unauthorized occupants
• Full address and apartment or unit number
• Lease and rent ledger, if available
• Copy of the demand for possession

3. Service of process

The summons must be served on the tenant. The service return is the record that starts the answer clock, so confirm it is complete before planning next steps.

4. Answer period and hearing

The tenant has 7 days after service to answer. If no answer is filed, the landlord can request a default judgment for possession. If the tenant answers, the case is set for a hearing, where you may appear yourself or through an attorney.

5. Writ of possession and set-out

After judgment, the writ of possession is applied for and signed. The physical set-out is then scheduled with the executing office; the county-scheduled backlog in Fulton has run 10 to 16 weeks, while Expedited+ Service is typically within 2 weeks after court.

Magistrate Court or State Court?

Fulton landlords may also file in the State Court of Fulton County. Our published starting rates are $404.25 for a Magistrate Court filing and $614.25 for State Court (Fulton only). Choose based on the case and any money claim.

Checking a Fulton County case

Use the Magistrate Court of Fulton County's online case search with the case number or party name to confirm filing, service and hearing dates. Lusso clients see each stage and its history in PossessionPro.

Hand off the whole case

Lusso Risk's in-house paralegals, administrative assistants, process servers and set-out crews handle Fulton County evictions from demand to possession — with a 41-day median across our cases.