What to do if I was served legal papers to go to court for an eviction and the landlord said they served me personally but didn’t?

UPDATED: Dec 25, 2012

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What to do if I was served legal papers to go to court for an eviction and the landlord said they served me personally but didn’t?

They must have just laid them on the porch and the wind blew them to the side because we didn’t find them until Friday; they say they sereved them on Monday. There was no one in law offices due to the holiday. I don’t know what to do? The court date is in 2 days.

Asked on December 25, 2012 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Show up at courtl; at court, tell the judge that you were not served properly and only found the papers Monday. Bring any supporting witnesses to testify, too (like a spouse or roommate who knows when you found them). The judge may adjoun (or delay) the case for another week or two, or may even dismiss it--though even if it is dismissed, it will be dismissed "without prejudice" and the landlord can re-file it. Also, the judge could possibly conclude that you had sufficient notice and allow it to proceed. Therefore, best case, you will win a short delay--this will not make the landlord stop trying to evict you. Therefore, you also need to address the underlying reason for eviction, such as nonpayment of rent, if you are to avoid having your tenancy terminated.

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.

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