I filed for an eviction against tenant, and gave documents to process server. Process server was unable to serve tenants after several attempts. I filed for an order to Post and Serve, but tenant filed an answer to eviction before order to Post and Serve was granted (it was granted one day later)
Can I proceed to request a court date or go with the granted Post and Serve?
Construction / Development Lawyer
Yes, but you may not need to if the tenant answered. By answering, the tenant appeared in the case and submitted to the Court's jurisdiction.
Contact a landlord tenant attorney for more information specific to your case.
Criminal Defense Attorney
I agree with the previous answer. I'd add that the procedure can be confusing and even small mistakes can lengthen the process. If you can afford it, I'd suggest hiring someone to help.
Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.