Next step after Tenant filed answer to eviction, but personal service unsuccessful?

Asked over 1 year ago - San Diego, CA

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?

Attorney answers (2)

  1. Nicholas Basil Spirtos

    Contributor Level 20


    Lawyers agree

    Answered . 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.

  2. Thomas Anthony Schaeffer

    Contributor Level 14


    Lawyer agrees

    Answered . 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.

    Good luck!

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.... more

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