Affidavit For Foreclosure Of Personal Property Form - State Of Georgia

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IN THE MAGISTRATE COURT OF WHITE COUNTY
STATE OF GEORGIA
_____________________________________________
Plaintiff
Address: _____________________________________________________________
Phone: _____________________________________
VS
Civil Action No. _____________________
_______________________________________________
Defendant
Address: ______________________________________________________________
AFFIDAVIT FOR FORECLOSURE OF PERSONAL PROPERTY
Personally appeared ______________________ Plaintiff herein, or on oath says that (he) (she) is Agent or
Attorney in fact or at law for Plaintiff herein and authorized to make this affidavit, and that _____________________,
Defendant whose address is __________________________________________________________, is indebted to said
Plaintiff in the principal amount of $_____________________ dollars together with $__________ interest thereon, upon a
Security agreement
Contract retaining Title in and who, on oath, says that the original thereof or, a true copy of
same, is attached hereto and made apart hereof, and that said indebtedness is past due, and that the Defendant is either now
a resident of White County, or was a resident thereof at the date said writing was executed, and that this affidavit is made
for the purpose of foreclosing said writing, obtaining a writ of possession for the property described therein and having
judgment entered for the amount of the aforesaid indebtedness together with interest thereon and all cost of these
proceedings.
(If Affiant alleges that the security interest at issue arose out of a “commercial claim” as defined by Code 44-14-
237 as amended, and that the defendant has waived same or all of the rights and provisions contained in Code, 44-14-230 a
copy of such waiver shall be attached hereto an such attachment shall be construced as an allegation, under oath, of such
waiver.)
Sworn to and subscribed before me
This ___________________________.
___________________________________________
Affiant
_________________________________________
CLERK, Magistrate Court of White County
IN THE MAGISTRATE COURT OF WHITE COUNTY
STATE OF GEORGIA
SUMMONS
TO THE ABOVE NAMED DEFENDANT:
The Defendant is hereby commanded and required personally or by attorney to file with the Clerk of the
Magistrate Court of White County 59 S Main Street, Suite B, Cleveland, GA 30528 within 7 days from the date of service
of the within affidavit and summons, or on the first business day thereafter if the seventh day falls on Saturday, a Sunday,
or al legal holiday, then, and there to answer said affidavit in writing or orally. If the Defendant fails to answer on or before
the seventh day from the date of service, the Defendant may reopen the default as a matter of right by making an answer
within seven days after the date of the default notwithstanding the provision Code Section 9-11-55 of the Official Code of
Georgia Annotated. If the seventh day is Saturday, a Sunday, or a legal holiday, the answer may be made on the next day
which is not a Saturday, A Sunday, or a legal holiday. The last possible date on which the Defendant may answer is the
_________ day of _________________, 20____. If answer is not so made, a writ of possession shall issue against you as by
law provided, pursuant to Plaintiff’s affidavit.
Witness the Honorable Joy R Parks, Magistrate of said Court.
This_____________________________.
_________________________________________
CLERK, Magistrate Court of White County

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