It is very simple to get their case reopened, especially on a "service issue" and a default judgement. The defendants can get an ex parte order to quash the writ executed by the sheriff. There will then be a hearing where the process server will have to testify that they personally served the defendants properly and within the 7 day window. Even if the process server testifies that the defendants were properly served, normally the referees will still reopen the case for a trial on the merits within a week or so.
Also, as Greg Luce states, if they accepted Feb rent after the service was made, the plaintiff's case will be tossed, based on case law, unless they have a specific clause in their lease with regard to them accepting rent after the unlawful detainer has been filed, as I have in my leases. Steve Meldahl Jordan (work) ----- Original Message ----- From: <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Tuesday, February 17, 2004 3:18 PM Subject: [Mpls] Demonstration in Ventura Village > Steve Meldahl writes: "The real issue on this eviction is the service of the > summons. It can not be mailed." This is what I truly love about this Mpls > Issues Forum. We can be quickly and easily corrected when we're inaccurate rather > than merely pooling our ignorance/s. I just learned today that the person who > is listed as serving Ahmed and his wife their summons has allegedly lied > about it and did not actually serve the papers. I wonder what the consequences of > that would be: visiting a fraud upon the courts. Stay Tuned! > > Robert Albee, Ventura Village > REMINDERS: > 1. Think a member has violated the rules? Email the list manager at [EMAIL PROTECTED] before continuing it on the list. > 2. Don't feed the troll! Ignore obvious flame-bait. > > For state and national discussions see: http://e-democracy.org/discuss.html > For external forums, see: http://e-democracy.org/mninteract > ________________________________ > > Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy > Post messages to: mailto:[EMAIL PROTECTED] > Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls REMINDERS: 1. Think a member has violated the rules? Email the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[EMAIL PROTECTED] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
