Submitted by Hgfritz on Wed, 06/17/2009 - 00:43
Apparently I am being sued in small claims by a former landlord, but they are sending notices to wrong address intentionally. The only actual paperwork that I have received is 2 rescheduling notices for small claims trial. I have not lived at that address for 10 months. Prior to these notices I have not been notified about ant problems. What are my obligations in regards to this? Are they trying a scam on their insurance company? Any help or advise would be appreciated.
Editor's Response
I'm not sure what kind of scam the former landlord would be involved with or why he or she would intentionally send the complaint and summons to the wrong address. If I were in your shoes, I would go to the hearing and tell the judge you are only there to challenge the sufficiency of the service. Tell the judge you have not seen the complaint and do not know what the complaint is about.
You do not want the former landlord to get a default judgment against you. Even if the service of the complaint was not proper, a default judgment might be obtained and could come back to haunt you in many ways. Good luck, and please tell your friends about The Forum.