Family says squatter in Clayton County home
A family is claiming a squatter has taken over their Clayton County home and they are unable to get them out because the Clayton County Magistrate Court won’t sign the appropriate paperwork.
CLAYTON COUNTY, Ga. – A Clayton County family says their rental property has turned from an investment into a financial nightmare after waiting more than three months for a magistrate judge to sign off on an eviction.
What they’re saying:
Patrick and Kandice Phillips lived in their Forest Park ranch house for 10 years before moving to Atlanta. Instead of selling the home, they decided to rent it out as a way to build income and eventually leave the property to their son.
“We could leave it to our son,” said Kandice Phillips. “It would ease his burden and help us.”
But now, the couple says the property is draining their finances. Their current tenant hasn’t paid rent since March 2025. The Phillips took the case to court, but they cannot move forward with the eviction until a Clayton County magistrate judge signs the writ of possession.
The couple says they’ve been waiting since May for that step to happen.
“We’ve called Clayton County, gone to the clerk’s office. They give us a number no one ever answers,” Patrick Phillips told FOX 5.
Without the signed order, law enforcement cannot serve the tenant with eviction papers. In the meantime, the Phillips — both longtime educators — are stuck paying two mortgages while covering other expenses on credit cards.
“Basically, my whole paycheck. Everything else on credit cards,” Kandice Phillips said.
FOX 5 Atlanta reached out to Clayton County Magistrate Court but was told the chief judge would not be available until after the Labor Day holiday.
