If I evicted tenants and took them to court and for damages/back rent but they didn’t and a capias was issued, since they are now in another state can I have them served there?

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If I evicted tenants and took them to court and for damages/back rent but they didn’t and a capias was issued, since they are now in another state can I have them served there?

They did not show up to court.

Asked on January 10, 2016 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can have the served in SC, but they will have to be served by the South Carolina sheriff or court officers, and you will have to follow South Carolina procedure. Even if you do, you may still not get your money: as someone who practice landlord-tenant law and collections against deadbeat tenants, I can tell you that a dedicated deadbeat, one who has a mobile lifestyle, little in the way of assets and/or unsteady (or cash-based employment), and who doesn't care about having judgments, etc. against him is almost impossible to collect from. Once they are in a different state, it's generally better to "write off" the money.


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