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Find more information about Dispossessory Proceedings from the Hall County Magistrate Court.
Once you have the writ you will then need to contact our office at 770-531-7090 to schedule the eviction. A fee of $25 will be billed to you for the eviction [this fee is set by state law, O.C.G.A. § 15-16-21 (b.)(12)].
A labor force of at least 2 people per bedroom for residential evictions is required. If you are aware that the house is "packed" (full of items) you should increase your labor force so that the eviction can be completed in 2 hours. We must know if any unhealthy conditions exist or may exist. Deputies do not assist in the physical removal of property.
The labor required for a business eviction will be determined on a case by case basis. We must know if any alcohol or cigarettes (for sale) are present (such as a bar or restaurant); flammables or hazardous materials; groceries; if the power has been turned off for a long time; if any unhealthy conditions exist or may exist. We also need to know generally what type of items will be found at the business, especially heavy or bulky items.
Our Civil Division handles the service of Temporary Protective Orders. The direct phone number is 770-531-7090. The Civil Division is located within the Hall County Courthouse on the ground floor.
Please note that the Sheriff's Office has nothing to do with this type of sale. It is a "non-judicial" sale that is done by an agent for the various law firms or mortgage holders that advertise the property. Each agent can be located in the Commission Meeting Room on the second floor of the Hall County Government Center, located at 2875 Browns Bridge Road, conducting sales.
Just as is done with Sheriff's Sales, these sales are also held on the 1st Tuesday of the month, unless that day falls on a national holiday and then it is held on the day following the 1st Tuesday of the month. The sales are held during the legal hours of sale set by state law (10 a.m. to 4 p.m.).
A Writ of Possession for Personal Property requires that the plaintiff file an "Election of Option" form with the Clerk of Court where the Writ of Possession was issued. This tells us whether to seize and sell the property or to turn the property over to the plaintiff or the plaintiff's agent after we seize the property.
If the Hall County Probate Court issues an Order to Apprehend, the Hall County Sheriff’s Office Warrant Division will handle this type of order. For more information call the Warrant Division at 770-531-6907.
When there is a sale, it is held on the walkway in front of the Hall County Courthouse, 225 Green Street, Gainesville Georgia. The legal hours of sale are from 10 a.m. to 4 p.m. Sometimes a sale is held at a different location. If there is a different location, the complete address of the location where the sale will occur will be listed in the ad.
Unlike many retail stores, you can not return anything purchased at a Sheriff's Sale. Therefore all sales are final. You must pay with either cash or a cashier's check (official bank check). Unless you present a State of Georgia Sales Tax Exemption form at the time you make a purchase, you will be charged sales tax on all personal products. Sales tax on vehicles is based on where the purchaser lives, not the county where the vehicle is sold. There is no sales tax on real property (real estate).
Please see the Writ of Fieri Facias page for more information.