a stranger entered the rental office to the apartment complex i live in. he was attempting to serve me with a summons to appear in court, but didn't have the precise unit in which i live. by asking the leasing agent in the office if she knew me, and getting an answer of yes she did, he dropped off the summons with her and then proceeded to benefit from a default judgement when i didn't appear for the hearing. the leasing agent was not an authorized agent to receive this kind of document in my behalf.
2006-12-31 12:37:52 · 9 answers · asked by joeandmaggy 1 in Business & Finance ➔ Renting & Real Estate
You will have to accept the summons. Even if it was issued to you. via a third party who was not legally able to accept legal documents on you behalf.
However as the summons was accepted by someone who has no authority over you, you can at best appeal to the Judge and Clark of courts and tell them the how the summons was given to you, and hence your not being able to attend the court hearing, as set out. Which may give you a little extra time to sort out things.
I would also find out who the issuing summons company was and lodge a complaint with them. There is regulations as to how a summons is issued, and they may find they are in breach of those regulations.
I would also make a complaint to the real-estate/leasing agent about taking legal documents, and breaching confidentiality when asked about a tenant renting through them.
I am sorry I can not offer any more than this, but hope it will help you a little.
2006-12-31 13:10:56 · answer #1 · answered by Georgie 7 · 6⤊ 1⤋
I'm a paralegal and sometimes during the course of my job, I have to serve subpoenas and summonses.
You would not believe the convoluted ideas that people have about avoiding service.
If someone at your residence (that includes the rental office) was served, then you were served, period. The only requirement is that the person be over a certain age (some places it is as low as 14, others it is 18). The leasing agent does not need to be "authorized" by you to accept service.
They can't serve your next door neighbor on your behalf, but they can serve the property manager. Also, most summonses are "nail & mail", meaning that one is served at your residence and one is mailed to you.
They benefitted from a default judgment because you ignored the summons ... not because of improper service.
2007-01-01 13:41:13 · answer #2 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
The person serving you with papers to appear in court obviously showed his credentials to your rental office...
You have been summoned to appear in court ...GO If anyone willfully hides a person who has been summoned to appear in court he jeopardizes himself and can be charged with noncompliance......There are many ways to serve a person and the process server knows just how to get you served.It's better to face the music than to get yourself in more trouble with the courts.
As for the summons being given to someone other than yourself or a person who is of legal age , there MAY be a problem.......Just the fact that the rental office said they knew you could stick in acourt of law......The deal here is that YOU were Served..Through your leasing agent.....You have the summons, are talking about it , have read it , so....consider your self served by the court.
See an attorney to advise you further, but I 'm sure that you have an obligation to appear...
Failure to appear in court is against the law and you can be put in jail for not appearing to answer the summons..
2006-12-31 20:56:26 · answer #3 · answered by cesare214 6 · 3⤊ 1⤋
The city that I lived in when I was an apartment manger, it was mandatory that all tenants name and unit # were listed on a mail rooster. The postman would not leave mail unless the last name was posted for a particular unit. On our street there was nothing but apartment units.
I think that you are already in a financial crunch, and you sure do not want any more negative items to be on your record. Some employer run a credit check before they will hire you--think about this and clear this item up now.
You can run, but you can not hide from the truth.
2006-12-31 20:50:45 · answer #4 · answered by D S 4 · 2⤊ 1⤋
So, because you did something wrong, were sued, then didnt show up for court because you probably knew you were gonna lose, your trying to put it on someone else?
Think of it this way:
If the person had a big fat check for you and asked the same person the same question but then they DIDNT give out your unit #, would that have been ok with you?
Just take some responsibility.
2006-12-31 20:52:13 · answer #5 · answered by JC 7 · 3⤊ 1⤋
Having been a leasing agent, we were told that we could not give your any information regarding a tenant. I think it is against the law, at least in CA. You would have to call fair housing or legal aid to confirm that.
2006-12-31 22:04:34 · answer #6 · answered by SUSAN K 3 · 2⤊ 1⤋
Dude, you know what...face the music and just deal with the fact that you got served and stop trying to pin technicalities off on office staff who had no way of knowing you were getting served a summons. If it was UPS or flower deliveries, you'd be pissed they didn't verify your tenancy.
2006-12-31 20:41:26 · answer #7 · answered by Anonymous · 3⤊ 1⤋
well do u have proof of everthing u are saying? and at this point does it even matter anymore? im sure if this mail was all that important it would have had to be signed for! some one did something similar to my friend w/ a court date and she was simply screwed in the matter so....i dont know?
2006-12-31 20:50:24 · answer #8 · answered by ELIZY 4 · 0⤊ 1⤋
No written rules for stuff... But morally, He shouldnt reveal your name unless he verifies the purpose of the visitor.
2006-12-31 20:56:59 · answer #9 · answered by Antonio M 1 · 1⤊ 2⤋