Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 1 year ago on .

User Stats

12
Posts
1
Votes
Bill Springer
1
Votes |
12
Posts

Proof of service

Bill Springer
Posted

Happy Labor Day! 

My tenant has appealed the money judgement in my recent eviction saga. They did not appeal possession. I took possession on Aug 28th.  

They filed the appeal on Aug 25th. I saw this online as I have been monitoring the county court web viewer. 

I was served today - Sep 3 - by the tenant herself when she completed removing their possessions that they had left in the house.

I went online and saw that a proof of service was filed with the court on Aug 31st and the tenant signed that she had personally served me and she did so on the day I took possession on 28 Aug! 

I was not served on Aug 28th. I was Served today Sep 3. From what I understand she cannot serve me directly as she is the party to the appeal.

in summary she straight up provided false info to the court and then served me herself when I believe she could not. Certified mail would have worked fine but she chose the personal service route. 

The one thing bothering me is that the court accepted this proof of service despite she having signed that she carried out the service. I assume if she asked if it was ok they may have said that they can’t provide legal advice. They filed without having their own attorney. 

I am hoping that the appeal gets tossed due on improper service and that there is some way that the tenant lies will be properly handled.