Should I call the attorney of record for the unlawful detainer and request no addtional docs. be attached to my door...: I asked the question on friday about the summons and complaint attached to my door at 3:56pm. I was considering the motion to quash...I was just properly served with summons and complaint by a process server, although no proof of service is attached. I voluntarily went to the gate when my buzzer sounded. The person said nothing so I went to the front gate and inquired as to the documents in the gentlemans hand. I voluntarily took the summons and complaint; i have been awaiting their option. I am not on the run, so why did they attach the documents to my door. Should I call the attorney of record to request compliance with the law or just let it go. I know it was the property manager that posted the document. I don't want to call and upset her since they have an attorney. What should I do..
Frances's answer: Many times process servers will just post the summons and complaint on your door if they don't find you at home. It's not "legal" process, but it puts you on notice of the lawsuit. In unlawful detainer, if the process server cannot find you at home, the landlord can obtain a court order allowing service by posting and mailing, so don't be too sure that service by posting is improper. Forget fighting the service issues. Process servers are not above lying about service of a summons and complaint. What you need to do is answer on time. By the way, you need an attorney. 99% of all unrepresented tenants lose their unlawful detainer cases.
U stated that we could b evicted on a Saturday or Sunday but inquired as to whether or not we received a 5 day notice to vacate.: Is there a 5 day notice to vacate that we should receive first on behalf of the sheriffs dept that tells us that we have 5 days to pack up and vacate the premises??? If we havent received the 5 day notice yet does that mean that we still have a buffer???
Frances's answer: That's right--the Sheriff's Department will post a Notice to Vacate giving you five days before they come and forcibly evict you. You have buffer.
I have been served twice in an unlawful detainer. The first by posting on the door, and the second in person. The answer is due-: Neither of the two Summons or Complaint include a proof of service. Can I assume that the party will constitute today's personal service as the actual date. And I am left to assuming. The importance is... the date my answer will be due. If I am to consider fridays posting on the door...the answer will be due on wednesday. If I can rely on the personal service... then thursday will be the day my answer will be due. Help...Help...Thanks in advanced for your expertise...
Frances's answer: Be safe and answer on Wednesday, but, may I say, you should not do this yourself. 99% of unrepresented tenants lose in unlawful detainer cases. You need, need, need to hire competent counsel. If you cannot afford a private attorney, there are places that will represent you on a sliding scale, such as the Eviction Defense Network. They can be reached at (213) 385-8112.