when refiling unlawful detainer complaint, does proof of service have to be dated the same as the summons?
962776
Hello,\n\nI found this information from the Stockton Court website in California.\n\nUNLAWFUL DETAINER \nInformation for Landlords and Tenants\n\nLandlord Information\n\nAs the landlord, you must begin by giving the tenant an appropriate written notice. If you are uncertain whether this should be a 3-day or a 30-day notice, you should contact a legal advisor for assistance. If the tenant has not moved out by the end of the period stated in the notice, you can begin the legal process by filing a complaint with the court. The forms to do this may be purchased from the court or are available at no charge through the court's web site at www.stocktoncourt.org. You may file your papers in person or by mail.\n\nWhen you submit your paperwork, you will need an original and at least two copies of the papers. You will also need to pay the appropriate filing fees. If you are unable to pay the court fees, you may qualify for a waiver of court fees and costs.\n\nService\n\nThe clerk will provide you with endorsed copies of the complaint and an original summons. You must then have the tenants personally served with the summons and complaint. You cannot do this yourself, but anyone who is over the age of 18 who is not a party to the suit can serve the papers for you. You may prefer to have the Sheriff's Department serve these papers for you, but you should be aware that they charge a fee for this service. The person who makes service will need to complete a Proof of Service form and give it to you. You must file this document with the court.\n\nOnce the tenants have been served, they have five calendar days to file a response with the court. If you do not receive a copy of the tenants' response by mail, you may want to come to the court to see if an answer has been filed. You should bring the original completed summons and proof of service with you to file them with the court.\n\nIf the tenants do not file a response to your complaint\n\nIf the tenants have not filed a timely answer or motion to quash service of summons and complaint, you will need to file a Request to Enter Default, a clerk's Judgment for Possession and a Writ of Possession. These forms may be obtained from the clerk's office or through the Judicial Council's web page. Once you give the completed paperwork to the clerk, you will receive the documents that you will need to take to the Sheriff's Department, Civil Division, to complete the eviction. You cannot evict the tenants yourself.\n\nIf the tenants do file a response to your complaint\n\nThere are a variety of options available to the defendants, including filing an answer or a motion in opposition to the complaint. In most cases, an answer will be filed.\n\nWhen an answer has been filed, you will need to file the original proof of service and a Memorandum to Set Case for Trial. The Proof of Service address must be as listed on the Answer. The court will mail you a notice regarding the trial date once it has been scheduled. You should receive this notice in about one week.\n\nHere is the link where I also found the above information.\n\nDepending you where you live, it could be different.\n\nHope this helps you.......................................................  :-O
561009
Showing up at the contempt hearing is usually enough to get the contempt citation dropped (assuming this is the first time you've missed a court date).  Be appropriately apologetic to the judge and you'll be fine.
438352
It's absolutely illegal in every state to have a falsified court document. If it's not your fault, contact the workers supervisor and asked to have it straightened out. You don't want it coming back to haunt you.
119745
It is when you are not arrested for your alleged crime.  An officer writes you a ticket and allows you to return to court on your court date.  It all depends on your condition and your attitude if they will cite and release.
822840
You should be able to call down to the judicial center and ask if there are any pending warrents for a "your name here"; They should process your call for free but be wary. If they start asking you too many questions and your search shows up positive, there could be a problem. I don't know if there's a way to check online. I don't think so at this point.
957998
The wrong date does not invalidate the ticket.  Most police agencies have an employee who enters ticket into an automated system and, in the process of doing so, finds those errors.  The agency will then send you a "cite correction letter" that explains and corrects the error.\n\nEven if the agency does not do so, the generally accepted rules of the courts say that a minor error such as a date or time error, spelling error, error in vehicle color, etc., will not invalidate a citation.\n\nHere is my personal experience with these kinds of situations.  I once dated a ticket a year back from the actual date of the offense.  I wrote that the incident occurred on in January of 2005 when the incident actually occurred in January of 2006.  When the ticket went to court the person who received the citation tried to make a big deal of this error.  My response - Sorry, I made a mistake on the date.  That was as far as it went and they were convicted.
336438
Depends. Was this the 1st appearance? If so, then the cop had no idea you planned on contesting the ticket, and it is perfectly legal to allow the courts to give notice to the cop in order to get him to appear... But, if he doesnt appear at the trial date (May 17), then you get dismissed. \n\nIve gotten 26 tickets in my life, and only three have ever appeared on my record. If you know the laws and know what questions tto ask WHILE BEING TICKETED, you can beat almost anything they give you. If you'd like, youre welcome to email me and explain the situation completely, and Ill see if there is anything I can tell you that will assist in your defense. I love making cops look stupid in court!
832416
Yes, Valid Proof Should Be Required\n\nIf The Prospective Tenant Cannot Provide\nValid Documentation Verifying Their SS #, Immigration Status\n(At LEAST A Green Card, If Not Citizenship Docs)\nThe Prospective Tenant / ILLEGAL ALIEN\nShould Be Immediately REPORTED And DEPORTED\n\nSame For Employers Hiring Prospective Employees\n\nAnyone ATTEMPTING To Rent A Dwelling\nOr Attempting To Get A Job\nWithout Valid Proof Of Immigration Status\nOr \nUsing Fraudulent / Stolen Identification Of ANY Type\nShould Be Immediately REPORTED And DEPORTED\n\n\nEconomic Terrorists \nShould Be Treated The Same As ANY Terrorists\n\n.
516453
yes as meow has indicated a summons is a court order therefore when u fail to appear in court u would be held in contempt n sent to jail right away!! so no u can't change the date unfortunately, but like others have said i think contacting a lawyer n getting their legal advice is ur best bet!! good luck!!
765753
Unless it was a formal caution it won't show. An enhanced check will show cautions and for some jobs the Rehabilitation of Offenders Act does not apply and spent convictions and cautions would show no matter how long ago.
208104
Even though a great deal of time has transpired since the original charge, there is a great probability that a warrant has been issued for failing to appear on the original charge. A person charged with a crime has an obligation to appear before a judge to have the matter resolved. A warrant can be issued at any tiume during that process if a person does not show up to court, even if they have shown up already. I would suggest that you contact the court of origin for your friend and see if there is a warrant. If there isn't one, then he/she is home free.
498974
Call up the court house and ask them whether there are any warrants outstanding against you. \n\nIf they say no, you're a free man. If they say yes, hire a lawyer and have him appear in court on your behalf.
285657
Should be on your final police report, if not then the police station should have it. It's your record, go see it.
10795
As usual with legal-related questions on Yahoo! Answers, too little information exists to answer this question adequately.  The state you're in would be helpful.  Not posting the same question five times would be helpful.  Nevertheless, I'll answer what I can in this question, and post another question if you need more details.\n\nAt this date and time, it's getting a little too late to deal with the problems adequately.  A notarized note will not be very helpful - after all, the dispute is not about whether the house exists in that condition, but whether you or the landlord should be responsible for the cost of those conditions.\n\nTaking photographs and video is helpful, but again it only shows that damage exists, not who is responsible for it.  The video, though, may be able to show that it wasn't from your abuse of the apartment, but from natural wear and tear that the landlord refused to repair.\n\nDo you have any record of communication with the landlord?  That's the strongest piece of evidence you'll have.  You'd be able to show that you notified the landlord, or that the landlord acknowledged receipt of that request.\n\nIt's a little too late now, but you should have sent certified mailings to the landlord.  The landlord would have had to sign a card acknowledging that he received your letter, and you would have proof that he received your request.  With just 10 days to go, it's too late for that.\n\nI would carefully catalog everything that has happened, with each date you noticed the problem if possible, if the cause was natural, when you notified the landlord, and the entire history of the dispute.  Photos and video are helpful if you go to court.  A notarized statement is not very helpful.  Records of communication with your landlord are extremely helpful.  Otherwise, if you don't get the security deposit, you may simply have to go to small claims court with the recordings and hope that the judge believes your story.
573926
go and fight it. Ask questions to the officer who wrote it, do you remember that day when you wrote that ticket? Or say to the judge, this ticket is so old that there is no point of having this case because of lack of proof.
467672
Bizarre question, and difficult to answer without knowing at least what country you're in.\n\nWe'll assume you're in the US, and we'll further assume you're in California (though it's probably the same throughout the states).\n\nIf you're arraigned, the legal process has begun.  The case will not "expire" and if you fail to appear for further proceedings, you'll more than likely be charged with a failure to appear (FTA) and an arrest warrant will be issued.\n\nArrest warrants, by the way, are good forever.
541896
It can only be dissolved by the court that issued it. Most are for 6 months or one year. Once they expire, they're moot. One can petition to have the order dissolved or on good cause have it vacated and set aside if there is evidence it was entered erroneously.