 |
You are here: More Topics > Landlord/Tenant > Evictions Questions & Answers: A Guide for Landlords > Who must be served with the Summons and Complaint?
Every defendant named in the lawsuit must be served with the Summons and Complaint.
If there are other people living in the property that the landlord didn't include in the Complaint, the landlord has 2 choices. The landlord should ask a lawyer what choice is best.
The choices are:
- Do nothing: If the landlord does nothing, the people who aren't included in the complaint don't have to leave right away. So, if the landlord wins and they don't leave voluntarily, the sheriff won't evict them and the case can be delayed.
- Serve them: Even if the landlord didn't include them in the complaint, s/he can serve anyone else at the property with a copy of the Summons and Complaint. But the landlord also has to serve them with a Prejudgment Claim of Right of Possession (form CP 10.5). This form gives them the chance to file papers with the court within 10 days to tell the judge they have a right to live on the property. If they don't file anything, then the sheriff will evict them if the landlord wins.
Alert! If there are other people living in the property that aren't included in the Complaint, and the landlord decides to serve them with a Prejudgment Claim of Right of Possession, s/he must have a registered process server or sheriff serve them. The landlord can't use a friend in this case.
<< back
Last modified: 03/17/2008
About Us | Web Site Feedback
Web Policies | Public Access to Records | Accessibility
|
