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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.


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