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How long after you file the suit can someone be served?
I have a problem with a former landlady (who still has my stuff but, after some legal counsel on her end, realized she was indeed breaking the law and is now returning it) that is trying to basically extort money out of me. I do not owe her this. The issue I have is that she gave me a time and a date that I can recover my stuff, which was the next day in an evening hour. My question is: Assuming she spends all day in court getting documents ready, how long does it actually take before the papers are issued for service? This is what I believe her motive will be because she won't be able to find (or serve me) after I retrieve my stuff.
State: California
County: Los Angeles
It won't be a small claim that she's going to try, because she KNOWS I will win. She's going to try for something in the range of about $25,000. Does that change the time limits at all?
2 Answers
- PhilLv 71 decade agoFavorite Answer
IT usually takes only a few minutes to file a small claims case and get the paperwork. It can be served by almost anyone except the landlady, at any time thereafter.
My suggestion is give a notarized letter to someone authorizing them to pick up your stuff, have your friends go get it and tell them to be sure you aren't being followed. Then phone the landlady one minute before they get there to verbally advise her that your friends will pick things up. YOu can be on the phone with your friends so they can advise you if there is anything broken or missing.
Your friends cannot be served so...
Also if you do get served, be sure to file a counterclaim over the issue of having kept your things, ask the court of damages and to triple them for violation of the Landlord Tenant Act.
- ?Lv 45 years ago
That relies upon on your legal experts and their time table for going to courtroom. communicate on your legal professional. courtroom situations take an exceedingly long term to wind their way in the process the courts. With appeals, it might desire to be years before something is resolved.