POSTED IN THE EVICTION & TENANT OWES RENT
When the landlord files the Eviction court case, the court clerk will issue the time and place of the hearing. The landlord must have the Complaint and Summons personally served to the tenant by the sheriff or licensed process server. I definitely prefer the licensed process server because they can get the job done.
Before the court hearing, the landlord will pick the proof of service from the sheriff or process server to present to the Judge. Either one of the servers will make out an abode to attach to the copy of the Complaint and Summons.The abode states the location, date, time and name of person accepting service.
SERVER FAILED TO SERVE COMPLAINT & SUMMONS?
1) The landlord will present the non-service to the Judge and ask for an “Alias Summons“. Alias Summons means the landlord would like another court date awarded to attempt to get the documents served. The landlord would still being going for possession and a money judgment. The court clerk will issue the Alias Complaint and Summons and the documents must be served by the server.
2) The landlord will present the non-service to the Judge but instead of “Alias Summons” he/she would ask the Judge to grant the leave to “Post”. The Judge would award a posting hearing and the landlord would give up the money judgment to get possession. The posting documents issued by the court will be taken to the sheriff’s office, They will go to the rental and post on the door. The documents will also be posted in the courthouse.At the posting hearing, the landlord should ask the Judge to grant immediate possession.
The good news is the landlord can take the tenant that still owes rent to Small Claims court. If there is damages above the security deposit and/or unpaid utility bills, he/she can add them to the lawsuit.
Every landlord needs training to represent themselves in court.
Gary and Cynthia Schmidt have been landlords for over 30 years with over 500 tenants. The Schmidt’s couldn’t take when the tenants lived in the rentals and didn’t pay the rent. After a couple evictions, Cynthia dove into the Post-Judgment Proceedings to collect. Cynthia represented herself in court and has collected over $300,000 in judgments.