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

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?

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Attorney answers 2


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.


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 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.