It is my understanding that in some states children of a certain age, specifically sixteen or older, can be served with an eviction summons if the process server or sheriff has difficulty in pinning down one of the adults who actually signed the lease agreement. Further, what happens in the event that an eviction summons can not be served upon the actual person who signed the lease, although their are other residents living at the premises, as the person in question is often not at the residence due to work related travel? Is it possible that a lease could actually expire, while trying to serve a summons, thereby not affording the landlord his/her day in Court?
Landlord / Tenant Lawyer
Count One for Possession only requires that the process server try twice to deliver the summons. If the person to be served is not physically there during attempt number one, the process server comes back at least six hours later for attempt number two. If the person is not there on attempt number two, the process server can post the summons by taping on the door and that is good for service on count one for possession. The person will then have five business days to answer the summons. The plaintiff landlord can file for a default on the sixth business day. A few days later or a week later, the sheriff will be calling the plaintiff to set up a removal time.
Count Two for Money Damages, on the other hand, does require that the process server personally deliver the papers to the defendant-tenant. If the defendant is never served, the count two does not proceed.
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Residential Real Estate Lawyer
It only has to be served on a resident of the property over the age of 15.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
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