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Courts Clarify Service of Eviction Pleadings

Some tenants avoid service of the initial eviction lawsuit pleadings. The initial pleadings are a summons and a complaint. The summons and complaint must be served by a disinterested non-party (not the landlord) and must be placed into the hands of a resident of the rental property. If the tenant avoids service—a common problem—once the process server makes several attempts at personal service the landlord can file a motion in court to allow service of the summons and complaint by posting and mailing. Service of the summons and complaint is only legally valid if there is a court order. (This […]