Lawsuits/Garnishments

Proceeding/Evictions

The eviction process begins with the landlord or agent filing a dispossessory affidavit with the Civil and Magistrate Court. Once a dispossess has been served at the residence, the tenant has seven days to file an answer with the clerk of court. If no answer is filed, or the tenant does not prove their case in court, a writ of possession (commonly referred to as the eviction order) is issued. Upon receiving the writ of possession, the Marshal's Office will contact the landlord and schedule the eviction. A courtesy notice will be left at the residence no later than 24 hours before the eviction will take place. At the designated time the deputy will meet with the landlord to begin the eviction. The landlord is responsible for all labor and expenses incurred with the eviction.(Augusta Marshal's Office)

Warrants

A court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based. (dictionary)

Bench Warrants

An order issued by a judge for the attachment or arrest of a person. The name of a process sometimes given to an attachment issued by order of a court, against an individual for some contempt, or for the purpose of arresting a person accused; the latter is seldom granted unless when a true bill has been found.

If a person fails to appear in court when she has been properly ordered to do so, the judge is authorized to issue a warrant (a court order authorizing a law enforcement officer to arrest someone) for her arrest. A warrant issued this way is called a bench warrant.

E.g. X has fallen behind on court-ordered child support and is served with an order to show cause why he should not be held in contempt of court for not complying. X failed to appear at the scheduled hearing; the judge may issue a bench warrant authorizing the police to arrest X and bring him before the judge to answer the charge of contempt. (Lectric Law Library)

Execution of Writs

Execution of FiFa's

Court Security

Deputies provide security to Municipal/Magistrate Court Judges, personnel and court visitors.

Judicial Sales

Departmental Training of Personnel

Community Service

Law Enforcement Responsibilities as Sworn Officers of the Law

Inservice Training of Personnel

Assisting Other Agencies

Issuance of Nulla Bonas

Writ of Possessions

Service of Legal Process

Service of legal documents from the Municipal and Magistrate Courts of Muscogee County and other courts of competent jurisdiction.

Marshal's Sales:

The Marshal conducts public auctions of real/personal property pursuant to court order.

Law Enforcement Authority Powers:

Pursuant to Georgia law, the Marshal exercises concurrent jurisdiction with the Sheriff of Muscogee County. All requirements and duties, powers and authority imposed by the law, and conferred upon the clerk of Muscogee Superior Court, and the Sheriff of Muscogee County shall be obligatory upon and shall be vested in the clerk of  Municipal Court, and the Marshal of Municipal Court respectively, so far as said duties may be applicable to the Municipal Court.

Service Costs:

• Eviction No Show:   $25.00
• Reserve Fee:   $15.00
• Nulla Bona:   $6.00
• Subpoena:   $15.00
• Levy with each FIFA:   $8.00
• Levy Writ Fee:   $15.00
• Levy on an Attachment:   $15.00