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Can Tenants attorney be served with tenants notice to appear in small claims court?

Atlanta, GA |

Tenant filed Chap. 2 bankruptcy. Vacated rental property before she could be served papers to appear in small claims court to answer charges that she caused $2500. in damages to rental. [when Marshall tried to serve her, she would not open the door and it was not legal to just post it on the door.] Her bankr, petition has not yet been discharged. Since her atty is in contact with tenant, is it legal for a process server or myself to serve her atty with the small claims notice and that way the tenant will get legally served?

Attorney Answers 2


  1. Best answer

    In order to proceed against the tenant she must be served. A special process server may be helpful in your situation. Beyond that, if her present whereabouts are unknown, you may be able to get permission from the court to have her served by publication. Once served, you will be able to ask the court for a judgement against her. Even if you obtain a judgment against her, you may not be able to collect it if she has listed you as a creditor in her BK and the debt is discharged in bankruptcy. In the event you are not listed, then the debt will not be subject to the bankruptcy rules. You should consult with a bankruptcy attorney who can inquire into whether you are listed as a creditor, etc. and how much if any of the debt is likely to be discharged. It may be a losing proposition for you to pursue damages.

    Best of luck

    Lisa Harris


  2. No, service on the tenant's bankruptcy attorney is not sufficient to constitute service on the tenant. Not unless the attorney has already entered an appearance as the attorney of record in the case for which you wish to provide a notice to appear in court.

    I hope this information helps answer your question(s).

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

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