Proper Procedures in Georgia Eviction

[INeedHelpASAP]

Hey everyone,
My name is John. I purchased a home about a year ago and since then have come across some medical difficulties and thought a room mate would be a good idea to help me with finances.
The room mate we have has lived here for about 7 months now and paid the first four month on time. About 2 months ago she started to slack off and would bring rent to me late and never in full. We did not have a written agreement in the beginning, just a verbal agreement (which now I realize was not intelligent on my part).
Now, she owes us about $165 from back rent and rent for the rest of July. Rent is $400 per month.
Last Friday she was paid and we told her to bring the rest of the rent to us immediately or she would have to leave. She left and never came back here until Sunday.
When she came back Sunday she left $50 on the kitchen counter and said in a written note that she didnt have the rest of the money and basically that I would have to get over it because I'm not the only person she owes money to.
Last night we had an argument, nothing too serious, and she decided to go to her sisters house and she took nothing with her.
I live in Georgia and my question here is what are the processes I need to take in order to get her out as quickly as possible?

I called the local Magistrate Court and was told I needed to write her a notice that in 48 hours I was going to file a Summons of Dispossession and that after that point she had 7 days to get her things. After that 7 days, anything that is left we are required to put in the street.
Do I also need to write an Eviction Notice to her first or is that all I need to do?

[aaron]

The essential process of a Georgia eviction is as follows:

* The Landlord files a Proceeding Against Tenant Holding Over in the Magistrate or State Court.

* The filing is served by the Marshal giving notice to the tenant of when and where to appear before the Court to answer the summons.

* The Plaintiff Landlord and Defendant Tenant appear before the Dispossessory Court for adjudication.

* If the Plaintiff Landlord prevails or the defendant Tenant fails to file an answer, the Landlord can apply for a Writ of Possession with the Dispossessory Clerk.

* The Writ of Possession is processed by the Clerk and then sent to the Marshal for execution.

* The Plaintiff Landlord hires an Eviction Company or arranges to provide some other source of labor for the Eviction.

* The Marshal contacts the Plaintiff Landlord to schedule the Eviction. The Plaintiff Landlord provides the name of the labor source that will be used for the Eviction.

* The Marshals, Eviction Crew and Plaintiff Landlord arrive at the specified time and make an entry into the premises to execute the Eviction Writ.

* The defendant tenants and their possessions are removed from the premises and their possessions placed on the public right of way under the supervision of the Marshals.

[INeedHelpASAP]

Since my last post, this girl has pretty much gone on edge. Shes started doing things like overstuffing our washer...deliberate things.
I didnt mention above the details of whats shes been doing, but basically that Sunday night she wrote her name on all the food she wanted and told us not to touch her food. This was never in the agreement that she could do that. Also, she said she was going to start paying $300 a month instead of $400. Shes pretty much been taking things into her own hands.
My daughter has since then gotten very upset with her, and is playing the games back.
Today (since the 48 hours is up that was given her) Sarah (daughter) decided that she would let Stacy know that she was no longer allowed to use the things that we had to pay for (ie washer, dryer, fridge, microwave, etc) and actually helped Stacy out by putting her freezed things into a cooler with some ice.
Well, this got Stacy really upset and of course there were words said between the two girls.
Sarah decided she would call the local police department (not the 911 emergency but the regular number) to make sure that her blocking off the fridge etc was even legal, and in that process they transfered her to 911 emergency. She told them she really didnt need them to come out, that she just had that question, but the dispatcher insisted someone be sent. I'm assuming the main reason they wanted to send someone out was because this isnt the first time Stacy has gotten herself into trouble... they know her by first name here and where she lives so they automatically peiced that together.
So when the police arrived they said that yes it was fine for Sarah to block off the fridge etc since the 48 hours is up. They pretty much were wondering why they were even called out here.
They asked to speak with Stacy and when they went to speak with her her bedroom door was shut and locked. They knocked and she gave them lip not knowing it was the police. They announced it was them and her voice immediately changed to kind and gentle.
So they asked if anything was wrong and she said no, that it was just regular arguing. Then as they walked out she decided to come out to the living room and ask Sarah in a stern tone why she called the cops on her. All Sarah said was I'm not required to tell you that.
Stacy got offended evidently and started insulting her right in front of these cops and myself. So, being a dad I stepped in and talked about her restraining order, her felony charge, etc.
This went on for another 30 minutes until the cops just said to ignore each other.
As soon as the cops went out the door she looked over at Sarah and called her a name. Sarah said in response and I quote.. "Yes and youre a God fearing woman yourself"

Things really seem to be getting worse and worse. Stacy cant seem to keep her hands off things that arent hers. Shes lying about the fact that she does in fact owe us back rent. Shes not even showing many signs that shes seriously getting out. Shes packed a few boxes but hasnt moved anything at all.

Its really the petty things that upset us, when she eats our food and tells us not to eat hers. I dont really care either way but its really upsetting Sarah. Shell go in the kitchen and Stacy will push her away from her food.

My main question here is..
Can I put a restraining order against this girl? Or, because shes a roommate are there limitations for this?

PS We never had a written contract.

[aaron]

I suggest commencing eviction proceedings. If you are not comfortable doing that yourself, you should obtain assistance from a Georgia real estate lawyer who handles evictions.

[Familconc]

What happens if the tenant is not served with a summons by the local law enforcement, can that tenant still file before the courts in his or her jurisdition to stop the writ?

The essential process of a Georgia eviction is as follows:

* The Landlord files a Proceeding Against Tenant Holding Over in the Magistrate or State Court.

* The filing is served by the Marshal giving notice to the tenant of when and where to appear before the Court to answer the summons.

* The Plaintiff Landlord and Defendant Tenant appear before the Dispossessory Court for adjudication.

* If the Plaintiff Landlord prevails or the defendant Tenant fails to file an answer, the Landlord can apply for a Writ of Possession with the Dispossessory Clerk.

* The Writ of Possession is processed by the Clerk and then sent to the Marshal for execution.

* The Plaintiff Landlord hires an Eviction Company or arranges to provide some other source of labor for the Eviction.

* The Marshal contacts the Plaintiff Landlord to schedule the Eviction. The Plaintiff Landlord provides the name of the labor source that will be used for the Eviction.

* The Marshals, Eviction Crew and Plaintiff Landlord arrive at the specified time and make an entry into the premises to execute the Eviction Writ.

* The defendant tenants and their possessions are removed from the premises and their possessions placed on the public right of way under the supervision of the Marshals.[/QUOTE]