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  • Emergency Petition To Set Aside GA

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    nilessorrell
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    This document is a verified emergency petition filed by Marlon Colton to set aside a writ of possession granted to CitiMortgage Inc. Colton argues that the writ should be set aside because CitiMortgage failed to demand in writing or in person that he move out before filing for eviction, as required by Georgia code. The code states that a landlord must demand possession before going to court to evict a tenant. Colton asks the court to set aside the writ due to CitiMortgage's disregard of the code. He verifies under oath that the facts in the petition are true.

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    Emergency Petition to Set Aside GA

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    This document is a verified emergency petition filed by Marlon Colton to set aside a writ of possession granted to CitiMortgage Inc. Colton argues that the writ should be set aside because CitiMortgage failed to demand in writing or in person that he move out before filing for eviction, as required by Georgia code. The code states that a landlord must demand possession before going to court to evict a tenant. Colton asks the court to set aside the writ due to CitiMortgage's disregard of the code. He verifies under oath that the facts in the petition are true.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    558 views4 pages

    Emergency Petition To Set Aside GA

    Uploaded by

    nilessorrell
    This document is a verified emergency petition filed by Marlon Colton to set aside a writ of possession granted to CitiMortgage Inc. Colton argues that the writ should be set aside because CitiMortgage failed to demand in writing or in person that he move out before filing for eviction, as required by Georgia code. The code states that a landlord must demand possession before going to court to evict a tenant. Colton asks the court to set aside the writ due to CitiMortgage's disregard of the code. He verifies under oath that the facts in the petition are true.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 4

    MAGISTRATE COURT OF COWETA COUNTY

    STATE OF GEORGIA

    CITIMORTGAGE INC.,
    Plaintiff
    CIVIL ACTION
    v
    NO: 2016CI02642
    MARLON COLTON
    Defendant

    VERIFIED EMERGENCY PETITION TO SET ASIDE


    WRIT OF POSSESSION

    COMES NOW, Plaintiff Marlon Colton and files this Verified Emergency Petition to

    Set Aside Writ of Possession against the listed Defendant. A Writ of Possession is scheduled to

    be granted to Plaintiff after October 3, 2016. This Writ of Possession should be set aside due to

    the Plaintiff failing to follow Georgia Code specifically; Plaintiff failed to demand Defendant in

    writing or in person to move out before filing in court to evict.

    GA Code § 44-7-50 (2015) states as follows:

    (a) In all cases where a tenant holds possession of lands or tenements over and

    beyond the term for which they were rented or leased to the tenant or fails to pay

    the rent when it becomes due and in all cases where lands or tenements are held

    and occupied by any tenant at will or sufferance, whether under contract of rent or

    not, when the owner of the lands or tenements desires possession of the lands or

    1
    tenements, the owner may, individually or by an agent, attorney in fact, or

    attorney at law, demand the possession of the property so rented, leased, held, or

    occupied. If the tenant refuses or fails to deliver possession when so demanded,

    the owner or the agent, attorney at law, or attorney in fact of the owner may

    immediately go before the judge of the superior court, the judge of the state court,

    or the clerk or deputy clerk of either court, or the judge or the clerk or deputy

    clerk of any other court with jurisdiction over the subject matter, or a magistrate

    in the district where the land lies and make an affidavit under oath to the facts.

    The affidavit may likewise be made before a notary public, subject to the same

    requirements for judicial approval specified in Code Section 18-4-61, relating to

    garnishment affidavits.

    WHEREAS, Defendant respectfully prays this honorable Court to Set Aside the Writ of

    Possession due to Plaintiffs blatant disregard of Georgia Code in this matter.

    Respectfully submitted this day of , 2016.

    By: ____________________________
    Marlon Colton Pro Se
    66 Fairhaven Drive
    Newnan, GA 30263

    2
    VERIFICATION

    I, Defendant Marlon Colton, having been duly sworn, under penalty of perjury, deposes

    and says that I am over the age of eighteen (18) and mentally competent to testify in this matter.

    My person, my family and my property are in danger of immediate and irreparable injury, and

    loss or damage will result to the applicant before the adverse party or his attorney can be heard in

    opposition; and I hereby Certify, that the facts set forth regarding all matters stated in the above

    paragraphs are true and correct, therefore since this is an Emergency Petition further notice

    should not be required. I personally drafted and have read the foregoing pleading, the facts

    stated therein are from first-hand knowledge and are true and correct to the best of my

    knowledge and belief.

    This day of , 2016.

    By:
    ____________________________
    Marlon Colton
    66 Fairhaven Drive
    Newnan, GA 30263

    Subscribed and sworn to before me,


    this day of , 2016.
    Seal

    print _______________________________

    My Commission Expires: ______________

    3
    CERTIFICATE OF SERVICE

    I hereby certify that a true and correct copy of this document has been mailed regular mail and
    faxed to Plaintiffs attorney Howell Hall, at their offices Shapiro, Pendergrast and Hasty on 115
    Perimeter Center Parkway Suite 1000 Atlanta, GA 28216 on this _____day of _________,
    2016.

    By: ____________________________
    Marlon Colton
    66 Fairhaven Drive
    Newnan, GA 30263

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