The tenants that don't want to be found! (tenant, house, legal)
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My former tenants continued to use my houses address for awhile and I was unable to locate them to file a case in small claims court. I finally found them and the Court had me certify the address with the USPS since there were so many addresses being used by this family. The Post office certified the address and I filed in Small Claims. Today I received the post card from the Court stating that both the Certified Mail and Regular Mail were returned. What is my next step? I have spoken to their current landlord, confirmed they lived there, had their address certified and now the Court can't serve them so my case could be dropped! It makes no sense that someone can simply avoid the court.
My former tenants continued to use my houses address for awhile and I was unable to locate them to file a case in small claims court. I finally found them and the Court had me certify the address with the USPS since there were so many addresses being used by this family. The Post office certified the address and I filed in Small Claims. Today I received the post card from the Court stating that both the Certified Mail and Regular Mail were returned. What is my next step? I have spoken to their current landlord, confirmed they lived there, had their address certified and now the Court can't serve them so my case could be dropped! It makes no sense that someone can simply avoid the court.
You'll have to check with an attorney to be sure, but that might be considered to have served legal notice. If you have proof a person lives there (which, I would say having their current landlord confirm it is proof), in my area, you post a notice on the door (good idea to take a dated photograph), and send it certified mail, and that is sufficient, even if they never pick up the certified mail. So you may be able to serve them even if they try to avoid it.
Could you have the current landlord sign an affidavit confirming they live there? What about hiring a process server to serve them, since they can be a little harder to 'avoid' than the mailman?
Hire a sheriff/constable/process server and have them served. It's best if you do not do it. Contact the court clerk and ask what is accepted by the court.
I understand but there is also 7800.00 worth of damage that I'll be darned if I will eat if I can help it!
I get it.
Eventually, somehow or other, you'll find them well enough to get a court date. And odds are that will get you a Judgment. And then you can press for a lien of some sort. And then maybe one day they'll win the Lotto.
I've lost track... but are these the folks who left town after promising their LL money from a disability settlement if he would only wait for it?
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Physically go to the property and SIT ON IT. Just like a stake out on Miami Vice. Or do what I do if you can safely, wait till the TV is on in the evening, then go shut off the electric breaker - they will be right out.
Take a friend and a video camera and video tape the service and ensuing antics. Surreptitiously if you can. (I use a remote mic and an extended lens on a pro camera or else a phone cam.)
Then when you go to court and the tenant says they were never served you roll video and request they be arrested for perjury.
It is a good idea to be certain you have served the right person if you do that.
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