Monday, January 30, 2012

Tenants filed motion to quash and lied what can i do?

tenants filed motion to quash by saying that me the manger served them with the sommons. Which is not true. they were served by a nabor.the tenants wrote on the motion that i the manger was the plantifff .in which i am know were to be named. my name is no were on the sumons, and i am not the owner to the property is there any motion or action the owner my friend the owner can file or should we just go to court.Tenants filed motion to quash and lied what can i do?"they were served by a nabor."



You may want to check the law in your area. In many jurisdictions, a summons must be served by a licensed processed server, law enforcement officer, or officer of the court. A "civilian" in many areas cannot complete service of a summons, neighbor or no, even for Small Claims. (But in some areas, they can.)



In any event, a motion to quash a summons means that they are asking to not have to appear. Your question is a little confusing, but it sounds like you (or the owner) has an appearance date. That date should be kept by you (or the owner,) regardless of what the tenants have filed, unless you have received specific instruction from the court to not appear.



A motion to quash, if it has not been approved by the judge presiding, can be appealed. But you need to find out how to do that.



Edited to add: So how, then, are you involved with this. If your name is nowhere on the paperwork, how did you become involved? Did the owner show you the paperwork, or the tenant defendant? Whoever filed the suit has an obligation to appear. Anyone else does not, unless named in or by the summons. (Though you may go if the owner or the tenant asked you to come. And you may almost certainly show up at the proceeding anyway as a spectator if you want to.)



Now, if YOU have been summoned because they want to quash the motion on the grounds that you are the actual plaintiff, then you must respond. Otherwise, let the plaintiff named on the paperwork handle it. (Unless, as above, the owner has asked you as the manager to come and help respond to it.)



It sounds to me like it is time you spoke to a lawyer in your jurisdiction about this.



But, in any event, you can always call the court to confirm whether or not YOU have an obligation to appear.Tenants filed motion to quash and lied what can i do?have the neighbor complete a Declaration and file it with the court...if you can prove your side .....don't sweat....Tenants filed motion to quash and lied what can i do?Not really a big issue. Most judges are pretty smart people and can see the whole picture. They also know tenants often lie to get out of being evicted. Stand firm and just have everything it writing and you should be fine.Tenants filed motion to quash and lied what can i do?
Go to court. Some where in all that paperwork will be a place for the person who did the actual service to sign a statement that he did so. You have to dispute their version and since they made a written statement that you are the plaintiff, which is obviously wrong, their other statements will carry less weight. Just make sure the server fills out and signs the paperwork.

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