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Landlord guide

Eviction service or attorney — which do you need?

Courthouse exterior — eviction is a court process in every state
Courthouse exterior — eviction is a court process in every state
An attorney gives legal advice and represents you in court. An eviction service handles filing logistics, service of process and field work. Many cases need one, some need both, and the honest answer depends on whether your case is contested.
On this page
  1. What an attorney does that a service cannot
  2. What a service does that most attorneys don't
  3. Uncontested non-payment
  4. Contested, counterclaim, or habitability raised
  5. Portfolio owners usually use both
  6. What we are

What an attorney does that a service cannot

Legal advice, strategy, representation at a contested hearing, responding to counterclaims, and anything involving habitability, discrimination or retaliation allegations. A service that offers to do these things is practising law without a license.

What a service does that most attorneys don't

Field work. Process serving with real attempt discipline. Writ scheduling. Setout crews, officer coordination, locksmiths, cleanout. Most law firms subcontract all of this anyway.

Uncontested non-payment

The bulk of evictions. Usually handled fine by a service, with an attorney available if it turns.

Contested, counterclaim, or habitability raised

Get a lawyer. This is not the place to save money.

Portfolio owners usually use both

Counsel on retainer for the cases that turn, a service running the volume. They aren't competing roles.

What we are

EvictIQ is a service, not a law firm. We don't give legal advice and we say so when a case needs counsel.

The short version

  • Attorney: legal advice, contested hearings, counterclaims
  • Service: filing logistics, process serving, writ scheduling, setouts
  • Uncontested non-payment usually doesn't need a lawyer; a contested case does
  • Most portfolio owners use both, for different jobs
State law controls. Eviction law is state law, and notice periods, forms, courts and timelines differ in every state — sometimes county to county within a state. This page explains how the process generally works. It is not legal advice and it is not a substitute for your state's actual rules.
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Landlord eviction checklist

The pre-filing checks that prevent most rejections. One page, free.

Common questions

Can I evict a tenant without going to court?

No. Every state requires a court process. Locking a tenant out, shutting off utilities or removing belongings without a court order is illegal self-help and exposes you to damages that often exceed the rent you were owed.

How long does an eviction take?

It depends on your state, your court's calendar and whether the tenant contests. Some stages are fixed by statute and some are logistics you control. Anyone giving you a guaranteed number of days without knowing your county is guessing.

Do I need a lawyer to evict a tenant?

Not always. Uncontested non-payment cases are routine. If the case is contested, involves a counterclaim, or raises habitability or discrimination issues, get a licensed attorney in your state.

What's the difference between a judgment and a writ?

A judgment says you won. A writ of possession is the separate court order that lets law enforcement actually put you back in the property. You have to apply for it — it isn't automatic.

All questions

Stop reading, start moving

If the property is in Georgia we can handle it end to end. If it isn't, we'll point you the right way.