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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117371
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello, I will like to know if the sherriff cant serve a tenant

Customer Question

Hello,
I will like to know if the sherriff can't serve a tenant and the special processor can't catch her what else can I ask the Judge todo? Also this tenant has moved in a family member with two kids. T his tenant has not paid rent in 4mos.
Submitted: 6 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 years ago.
You would have to move the court to do a service by publication and/or mail or by posting on her door (these are all alternative means that can be used for service) and you would need the sheriff and process server to testify to the court they have used all reasonable means to effect service and that the party is intentionally avoiding service. The court can then approve one of the alternative methods and once you serve in that manner and the time is up for her to respond, if she fails to answer the suit then the court can grant judgment for you by default and can order the eviction and send the sheriff to forcibly evict her.

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Customer: replied 6 years ago.
what do I do about her moving in a realtive? How do I get them out?
Expert:  Law Educator, Esq. replied 6 years ago.
You can call to have the person arrested for trespassing, but most times the police will tell landlords to take them to court for eviction.
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Customer: replied 6 years ago.
Do you think that this will move faster if I hired a lawyer?
Expert:  Law Educator, Esq. replied 6 years ago.
It would move without errors being made and prevent you from having to keep restarting the process if you make a procedural error for sure. However, sometimes these tenants are savvy and know how to play the game to delay evictions and you nor an attorney can stop that.