Can a process server serve paperwork to a handy man working on a proprty
Fort Worth, TX |
I moved to another state, HOA sueing for non payment of HOA fees. House is being sold. House for sales signs have been up for over 90 days. No mail was forwarded. I have a handy man staying and fixing property at request of realtor. He was served.
Service must be on the person who is being sued unless there is an Order signed by the judge permitting substituted service.
You might want to check to see if there is an Order from the Judge.
Donivan Flowers is a licensed attorney in the State of Texas only. The answers provided in this forum are for informational purposes only and may not be used as legal advice. No attorney client relationship is reached with this lawyer by virtue of this website. To learn more about this lawyer, go to www.flowers-law.com
Service may or may not be proper depending on whether there is a court order for substituted service. However, it would be a mistake to ignore this, even if the service is not technically proper, there are still problems if you know about it and ignore it. The best advice I can give you is to get a lawyer. HOAs have strict laws they must follow that were passed after some bad abuses by HOAs. An attorney can help you protect yourself. Ignoring service, even if improper, is not a safe bet.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
While the service may be technically defective, you cannot count on the judge knowing or recognizing this on his or her own. If you do not file an answer timely, there is an excellent chance you will suffer a default judgment. If that happens, you will be in a real pickle and will have to pay a lawyer a significant amount of money just to try to get you back to where you started so you can contest the lawsuit on the merits.
You have been sued and you obviously know it. Neither hoping the service is defective nor arguing about the validity of service would ultimately get you anywhere and ignoring the lawsuit would be very foolish, in my view.
I suggest that you consult a lawyer about this right away.