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Emergency Petition To Set Aside GA
Emergency Petition To Set Aside GA
STATE OF GEORGIA
CITIMORTGAGE INC.,
Plaintiff
CIVIL ACTION
v
NO: 2016CI02642
MARLON COLTON
Defendant
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
(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
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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
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
garnishment affidavits.
WHEREAS, Defendant respectfully prays this honorable Court to Set Aside the Writ of
By: ____________________________
Marlon Colton Pro Se
66 Fairhaven Drive
Newnan, GA 30263
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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
By:
____________________________
Marlon Colton
66 Fairhaven Drive
Newnan, GA 30263
print _______________________________
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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