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Didn't receive the Tenant's complaint,can I ignore
by david
on November 4, 2019 @09:17
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I have a bully tenant, and he filed a complaint for absolutely no ground. I filed the eviction.
the address he used on the Complaint is still my old address where he currently living in. I moved out, then he moved in. So, I didn't receive it at all. I believed that he "swallowed" the summons.
I found such complaint by accident, when I search the court date for the eviction which I filed. He knows very well where is my new address because it was listed in Lease.
My question is, can I just ignore the summons and the court day?
Thanks for your advice!
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Re: Didn't receive the Tenant's complaint,can I ignore
by Garry
on November 4, 2019 @09:59
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NO! You should NEVER ignore a summons or court date, no matter how you found out about it. In many states, the party that does not show up, automatically looses. Once you "know" something, you cannot "un-know" it. However, once you get to court, you (may) be able to argue that you were not properly served according to your state's laws. Then it will be up to the judge whether to move forward because you ARE THERE NOW, or dismiss the case, and make the plaintiff start over again.
You said the former T has "no grounds" for the complaint. You will need to bring proof of that to court with you. Judges want PROOF of something, not just OPINIONS. Also, if you filed for an eviction, do you have proof of what the T violated in your lease? If you only filed the eviction because the T filed a complaint against you, that could be seen as RETALIATION, and may be thrown out.
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