What happens if an eviction notice was served to the wrong address and the person living there took it?

The next door neighbor was served an eviction notice meant for us, however it had her address on the notice. The neighbor took the notice from the sheriff and it was technically not served to us. What happens next?

Asked on March 23, 2012 under Real Estate Law, California


Hong Shen / Roberts Law Group

Answered 8 years ago | Contributor

The person should go back the court to correct the mistake and re-serve. Otherwise the notice is not served. It is a technical issue that the person must make it right.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.