Polk County Lis Pendens Discharge Form (Georgia)

The following Georgia and Polk County supplemental forms are included as a courtesy with your order:

When using these Lis Pendens Discharge forms, the subject real estate must be physically located in Polk County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Polk County include:

• Aragon
• Cedartown
• Esom Hill
• Rockmart

When a Lis Pendens is filed it gives constructive notice that a case in pending on a parcel of real property. When a case has been resolved or abandoned it is prudent to file a Cancellation of Lis Pendens. If the sale of a property is held up because the plaintiff didn't file a Cancellation Notice, he/she could be held liable for losses and damages. Once the Cancellation of Service form has been filed, it is important to notify the defendants and interested parties, that such action has been taken. We include a Certificate of Certification form to provide documentation of service provided. Often in a civil action involving real property, there are multiple parties because of lien holders, spouses, easement rights, etc. This form provides space for such.

9-11-5. Service and filing of pleadings subsequent to the original complaint and other papers
(a) Service -- When required. Except as otherwise provided in this chapter, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. However, the failure of a party to file pleadings in an action shall be deemed to be a waiver by him or her of all notices, including notices of time and place of trial and entry of judgment, and all service in the action, except service of pleadings asserting new or additional claims for relief, which shall be served as provided by subsection (b) of this Code section.

(Georgia Lis Pendens Discharge Package includes form, guidelines, and completed example)

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