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Am plaintiff/landlord going to small claims court. Summons does not look like it will be served by court date? What do I do?

Massillon, OH |

Court date is in late Feb / 2013 but the certified mail summons to the defendant to date is being ignored . Once it is returned to the court as unclaimed court policy is to re - issue the summons by regular mail , give sufficient time for a response then it's up to the judge to determine if the summons was legally served . The problem is that there doesn't seem to be enough time for all this to happen before the court date . Should I simply show up in court and see what happens ? Best case would be some kind of continuance . Or should I ask to have the court date re - scheduled to allow sufficient time for the summons process to run its course to conclusion ? I don't want to lose my eligibility to sue as I have a slam dunk case . What is the best way to proceed ? thanks

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Attorney answers 1


Your best option is to call the clerk of courts and ask if they will be automatically extending the date for the first cause hearing or if you will be required to seek a continuance since service has not been achieved. Many times if you ask for the continuance you are charged an additional fee, but if the clerk automatically continues due to lack of service you won't have to incur that charge.