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Updated over 8 years ago on . Most recent reply

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Mark Forest
  • Real Estate Investor
  • Fenton, MI
153
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First eviction - no money damages

Mark Forest
  • Real Estate Investor
  • Fenton, MI
Posted

I am a Michigan landlord, and I finally had to go forward with an eviction.  We attached the Notice of Eviction to the rental property door and mailed a copy of it to the tenant.  After the prescribed 7 days we received the Complaint  and Summons from the court.  We were told we had to have it served by a professional server.  (I am not sure if that is really required).  We hired a company to serve the Summons and they claim they tried  three times by knocking on the door, but eventually they just left it attached to the door.   Of coarse the tenant did not answer.  At court the judge said that because we did not get "personal service"  he would order "possession" but not "money damages".    The tenant owes us almost $2000 in unpaid rent, penalties, and accrued water bill.  

So did we need to hire the serving company?  How do you all go about getting personal service on the summons to court?    Please feel free to give more advice on this topic, and thank you to all who answer.  

Most Popular Reply

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Levi T.
  • Rental Property Investor
  • Tucson AZ / Nice FR
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Levi T.
  • Rental Property Investor
  • Tucson AZ / Nice FR
Replied

Did you mail it certified? Looking over the laws in Michigan you can serve someone by; delivering in person, or certified return receipt. If the complaint is seeking a money payment then service must be made by delivery in person to the tenant or by certified or registered mail with a return receipt requested and restricted delivery to the tenant.

That's about the same in all states I have ever operated in. At least you got the one thing you really wanted, the possession. Now you likely just have to file for the possession and schedule that with the local police department.

If you really want to chase them down for the 2k, file again for the judgement, and serve them correctly. Keep in mind, just because you win a judgement it does not mean you will get paid, you then have to file for garnishment.

I have tens of thousands, if not hundreds of thousands in judgements that we could try to collect on over the years of buying under performing properties from bad landlords, and evicting tenants for none payment. We have collected on some over the years, but for the most part we just move on, as the people we are removing wont have the money to cover debt anyways if we did garnish it.

Main goal is always to get them out, and get someone in as quickly and cheaply as you can. Always make use your screen processes is solid, unless you like doing this over and over. 600 scores, at least 2.5x rent, 8mo at current job, no evictions, and not felons. Best

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