THE FULTON COUNTY
MARSHAL'S DEPARTMENT Antonio Johnson, Marshal
160 Pryor Street Atlanta, Georgia 30303
404.730.4451 Fax 404.730.4496
The Fulton County Marshal’s Department
was established by an Act of the Georgia Legislature in
1913. Through this Act and subsequent Amendments, the Department
has the authority to arrest violators of the law and to
enforce Federal, State and local laws, ordinances and court
orders. The Marshal’s Department was created to serve
the public by enforcing the orders, writs and precepts of
the State and Magistrate Courts of Fulton County and when
called upon, will protect life, property and preserve the
peace. The Department’s sworn personnel are Law Enforcement
Officers certified by the Georgia Peace Officers Standards
and Training Council (P.O.S.T.). The service area of the
Department is located within the political boundaries of
Fulton County including the ten municipalities. Fulton County
has a length of some 70 miles and a surface area of 529
square miles with a population of more than 739,000 citizens.
The Marshal is appointed by the nine State Court Judges
and reports to the Chief Judge of the State Court of Fulton
County.
MISSION STATEMENT To serve the public by enforcing the orders, writs and
precepts of the State and Magistrate Courts of Fulton County,
and other courts of component judicial authority, in a responsible,
efficient, and cost-effective manner.
GOALS AND OBJECTIVES
To be aware the Department is created to serve
and meet the public’s needs and expectations.
To provide effective security for the Judiciary,
Court personnel and visitors in the court.
To be an effective unit of Fulton County Government.
To train the Department to accomplish its assigned
tasks in an effective and safe manner.
To cooperate with other Departments within Fulton
County and other local, State, and National Agencies.
To promote the integrity of the Fulton County
Court system and its personnel.
NATIONAL ACCREDITATION In 1995, the Fulton County Marshal’s Department
became the first Marshal’s Department in the Country
to be nationally accredited by the prestigious Commission
on Accreditation for Law Enforcement Agencies (CALEA). Accredited
agencies have proven compliance with a set of professional
standards that have been developed by CALEA. Out of some
35,000 law enforcement agencies nationwide, only 1200 agencies
have met the strict requirements for accreditation.
STATE CERTIFICATION The Department demonstrated its commitment to law enforcement
by meeting standards set forth by the State of Georgia Law
Enforcement Certification Program, and in 1999 became the
first Marshal’s Department to receive the honor of
State Certification. Successful Accreditation and Certification
make a statement to the public, to law enforcement colleagues
and to other professionals, that the Fulton County Marshal’s
Department meets the highest of standards and stands as
one of the finest law enforcement agencies in the country.
DEPARTMENTAL FUNCTIONS
Service of legal Process
Service of legal documents throughout Fulton County from
the State and Magistrate Courts of Fulton County and other
courts of competent jurisdiction.
Service of Magistrate Warrants
Criminal defendants charged with felony and/or misdemeanor
offenses committed within Fulton County, are arrested
or given a court date.
Enforcement of Dispossessory Actions
Deputies serve eviction notices and supervise the removal
of persons and possessions from premises throughout the
County.
Writs of Possession/Fieri Facias - FIFA
Deputies collect funds, or turn over foreclosed property
or levy on personal/real property for the purpose of satisfying
judgments awarded by the court.
Marshal’s Sales
The Marshal conducts public auctions of real/ personal
property that has been levied under court order.
Court Security
Deputies provide protection of the State and Magistrate
Court Judges, Staff, and users of the Court.
Training
Deputy Marshals provide State mandated P.O.S.T. training,
in-service classes and career development.
North Fulton Drug Task Force
Deputies work with other law enforcement agencies in an
effort to eradicate illegal drug use and distribution.
THE EVICTION PROCESS
The Landlord/Agent files a Proceeding Against
Tenant Holding Over (Dispossessory) in the Fulton
County Magistrate or State Court.
The Dispossessory 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 and Defendant appear before the
Dispossessory Court for adjudication.
If the Plaintiff prevails or the defendant fails
to file an answer, the Plaintiff or Agent 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/Agent hires an Eviction Company
or arranges to provide some other source of labor
for the Eviction.
The Marshal contacts the Plaintiff/Agent to schedule
the Eviction. The Plaintiff/ Agent provides the
name of the labor source that will be used for
the Eviction.
The Marshals, Eviction Crew and Plaintiff/ Agent
arrive at the specified time and make an entry
into the premises to execute the Eviction Writ.
The 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.
LEVY AND SALE
Any personal or real property belonging to
the defendant can be levied, seized and held for judicial
sale by the Marshal under the authority of a FIFA, except
property that is under some kind of expressed exception.
The plaintiff is responsible for providing proof of ownership
of any property to be levied to the satisfaction of the
Department. Seized property must be stored in a bonded warehouse,
or in case of vehicles, transported and stored by a licensed
wrecker service within the confines of Fulton County. The
defendant may pay the judgment and all cost incurred to
redeem the seized items prior to sale. All seized property
is sold to the highest bidder at the front door of the Fulton
County Justice Center Tower located at 185 Central Avenue,
Atlanta. All sales are cash and due at the time of bid.
Personal Property sales are held on the 1st & 3rd Monday.
Real Property sales are held on the 1st Tuesday of the month.
All sales start at 10.00 a.m.
Commission and tax on Marshal's Sales
A commission will be collected from the plaintiff
at the time of the sale.
Real Property
A ten percent commission on the first $100.00 and a two
percent commission on the remaining amount will be collected
from the plaintiff.
Personal Property
A seven percent commission on the first $1000.00 and five
percent on any amount thereafter will be collected.
Tax
Sales tax of seven percent will be collected on all sales
from the purchaser.
