Accepting Civil Summons for someone else.
Date: Tue, 04/06/2010 - 14:30
A friend of mine is in jeopardy of having her house foreclosed on. She's in the works of trying to save her home through loan modification.
Currently, her house is in Florida and she is here in California (she couldn't find a job in Florida). So she has a tenant renting the house. At the home in Florida someone served her and her husband with a civil summons for the foreclosure - the tenant accepted the summons, then made copies of it and didn't send it to the landlord (my friend). She then called my friends Realtor and tried to talk to her about it. The realtor would not speak to her about it because (obviously) she is in no legal connection to the owner of the house.
My friend was finally served here in California with the documentation.
Isn't the tenant in violation of accepting documentation that isn't addressed to her or anyone in her family because it's a legal summons?
Currently, her house is in Florida and she is here in California (she couldn't find a job in Florida). So she has a tenant renting the house. At the home in Florida someone served her and her husband with a civil summons for the foreclosure - the tenant accepted the summons, then made copies of it and didn't send it to the landlord (my friend). She then called my friends Realtor and tried to talk to her about it. The realtor would not speak to her about it because (obviously) she is in no legal connection to the owner of the house.
My friend was finally served here in California with the documentation.
Isn't the tenant in violation of accepting documentation that isn't addressed to her or anyone in her family because it's a legal summons?
I doubt if a tenant can accept legal summons on behalf of the la
I doubt if a tenant can accept legal summons on behalf of the landlord since he has no legal connection whatsoever with the person served.
Though it states that anyone at the legal age can accept a summons but IMO a legal connection needs to be established between the recipient and the one served to ensure proper serving of the summons. However, your friend must make sure that she files her reply to it.
Let's see what others have to say in this regard.
