Affidavit for Foreclosure of Personal Property

Foreclosing a personal property due to indebtedness by an affiant requires the execution of this affidavit.

Extracted Text for Proper Search

MAG 15	-02 AFFIDAVIT OF FORECLOSURE (PERSONAL PROPERTY)R	 	
MAGISTRATE COURT OF ______________COUNTY, GEORGIA	 	
 
Date Filed ________________	 	Case No: _______________	 	 
 	 	 	 	 	 	 	 	
 	 	 	 	 	 	 	 	
 	 	 	 	 	 	 	 	 	
Plaintiff	(s)	 Name, Address       	 	 	
vs . 	
 	 	 	 	 	 	 	 	AFFIDAVIT FOR FORECLOSURE OF	 	
 	 	 	 	 	 	 	 	PERSONAL PROPERTY	 	
 	 	 	 	 	 	 	 	
Defendant(s) Name, Address	 	
 	
 	
 
           	Personally appeared _____________________________________________who, on oath, says that he/she is 	[   ]	 Plaintiff(s) 	 	
[  ]	 Agent ; 	[  ]	 Attorney	-at-Law;  for Plaintiff(s);  and is authorized to make this Aff	idavit, and that Defendant(s) herein, whose address is set 	
forth above herein  is indebted to said Plaintiff(s) in the amount(s) of:  (fill in amounts as applicable) Principal ($______	_____________); 	 	
 
($__________________________)  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 a part hereof, and that said indebtedness	 is past due, and 	
that the Defendant(s) is/are	 either now a resident of ______________	 County, Georgia, or was a resident thereof at the date said writing was 	
executed, and that this affidavit is made for the purpose of foreclosing indebtedness together with interest thereon and all 	costs of these 	
pro	ceedings.  	 	
          	 	
[    ] Check if Applicable	 (Affiant alleges that the security interest at issue arose out of a “commercial claim” as defined by Code Section 44	-14-	
237, as amended, and that the Defendant(s) has waived same or all of the rights and pr	ovisions contained in Code Section 44	-14	-230, a copy of 	
such waiver shall be attached hereto and such attachment shall be construed as an allegation, under oath, of such waiver.)	 	
 	 	 	
Sworn and subscribed before me this	 	 	_____________________________________	_______	 	
 	 	Plaintiff(s) or 	- Agent 	- Attorney	 	
________day of _______________________________, 20_______	 	 	 	
 	 	____________________________________________	 	
 	 	(If Agent /Attorney 	– Title or Capacity)	 	
_______________________________________________________	 	 	 	
Not	ary Public/Attesting Official/Clerk	 	 	____________________________________________	 	
 	 	Daytime Phone Number	 	
My Commission Expires:  __________________________________	 	 	 	
 	 	____________________________________________	 	
 	 	Bar Number  (if applicable)	              	                                                                                 	 	
  	NOTICE AND SUMMONS	 	
TO: Defendant(s)	 	
You are hereby commanded and required personally or by attorney to file with the Clerk of the Mag	istrate Court	, within (7) days from th	e date of service of the 	within affidavit and summons, or on the first business day thereafter if the seventh day falls on a Saturday, a Sunday, or a 	legal holiday, then and there 	to answer said affidavit in writing or orally.  	(See mailing address above, 	or file in person at 	the Magistrate Office	.) If the Defendant(s) fails to answer on or 	before the seventh day form the date of service, the Defendant(s) may reopen the default as a matter of right by making an an	swer within seven (7) days after the 	date of	 the default notwithstanding the provisions of O.C.G.A. 9	-11-55.  If the seventh (7) day is a 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.   If the answer is not so ma	de, a writ of possession shall issue against  Defendant(s) as by 	law provided, pursuant to Plaintiff(s)’ affidavit. 	 	 Filed this	 ________ day of _____________	_ 20_____ 	 	  	 	 	 	_____________________________________	 	 	 	 	 	Magistrate/Deputy Clerk of Court

MAG 15	-02 AFFIDAVIT OF FORECLOSURE (PERSONAL PROPERTY)R	 	
 
The p	urpose of this form is to allow any person holding a security interest on personal property and wishing to foreclose on the 	
security interest to make a statement under oath by affidavit, either in person or by that person's agent, attorney	-in-fact or attor	ney 	
at law, for a writ of possession before any judge of the magistrate or a clerk of the Magistrate Court, within the county whe	re the 	
debtor may reside or where the secured property is located. 	 	
The Affidavit contains a summons as prescribed in code sect	ion 44	-14	-232. The summons shall be served upon defendant(s) by 	
county sheriff, deputy or marshal, or any lawful constable of the county where the debtor resides or the secured property is 
located. 	 	
The summons will command and require that the defendant a	nswer either orally or in writing within seven (7) days from the sate of 	
the actual service unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made o	n 	
the next day which is not Saturday, a Sunday, or a legal	 holiday.