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Serving M.I.A homeowner

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concordca

Junior Member
(FL) I am trying to serve homeowner of unit above mine. Acc to county record & HOA records, she has a different mailing address. Process server went to address to serve but owner only uses that address for mail.Person who answered door handles rent collection, etc for homeowner (no Pwr of Attny). At 1st they denied they knew homeowner but on 2nd visit frm Proc Srvr admitted they did & tht person lives out of cntry. Proc svr said he asked attny & he shld not serve this person b/c I won't be able to prove they gave summons to hmownr & judge will dismiss case. My attny (thru wrk legal plan & by phn-so not retained) said I can serve this person since hmownr has this as their mailing address & even if it's as a favor they are handling business for hmownr & lets them use their address. Who is right? Shld I also sue "property manager"? I have texts & letter stating they will make repairs but they ignore request to set a contract.Help pls (BTW proc srvr said will go ahead & serve "property manager" if I authorize and I did)
 


Zigner

Senior Member, Non-Attorney
Is your keyboard broken? You seem to be missing several letters in the above post which makes it hard to read. You mentioned something about an attorney that you are consulting about this, so ask the attorney.
 

concordca

Junior Member
(Fl)**I used short forms previously because I thought there may be a space limit**I am trying to serve homeowner of unit above mine. According to county record & HOA records, she has a different mailing address. Process server went to address to serve but owner only uses that address for mail.Person who answered door handles rent collection, etc for homeowner (no Pwr of Attorney). At 1st they denied they knew homeowner but on 2nd visit frm Process Server admitted they did & that person lives out of country. Process server said he asked attorne & he should not serve this person because I won't be able to prove they gave summons to homeowner & judge will dismiss case. My attorney (through wok legal plan & by phone-so not retained) said I can serve this person since homeowner had this as their mailing address & even if it's as a favor they are handling business for homeowner & lets them use their address. Who is right? Should I also sue "property manager"? I have texts & letter stating they will make repairs but they ignore request to set a contract.Help please (by the wayrocess server said will go ahead & serve "property manager" if I authorize and I did)
 

LdiJ

Senior Member
(Fl)**I used short forms previously because I thought there may be a space limit**I am trying to serve homeowner of unit above mine. According to county record & HOA records, she has a different mailing address. Process server went to address to serve but owner only uses that address for mail.Person who answered door handles rent collection, etc for homeowner (no Pwr of Attorney). At 1st they denied they knew homeowner but on 2nd visit frm Process Server admitted they did & that person lives out of country. Process server said he asked attorne & he should not serve this person because I won't be able to prove they gave summons to homeowner & judge will dismiss case. My attorney (through wok legal plan & by phone-so not retained) said I can serve this person since homeowner had this as their mailing address & even if it's as a favor they are handling business for homeowner & lets them use their address. Who is right? Should I also sue "property manager"? I have texts & letter stating they will make repairs but they ignore request to set a contract.Help please (by the wayrocess server said will go ahead & serve "property manager" if I authorize and I did)
When you are on forums like these, proper punctuation, grammar, and spelling makes it much easier for the volunteers here to be able to help you. Text speak is seriously frowned upon. You did do a bit better on this one, but it was still a bit hard to follow.
 

single317dad

Senior Member
You need to determine if this "person" at the address you're trying to serve qualifies as the defendant/respondent's agent for the purpose of service of process. From there, you can find the correct path forward.
 

concordca

Junior Member
Any advice on how?

Do you have any ideas on how I can do this? I sent a certified letter to the homeowners which was signed for at this same address. However, it was accepted by a name I do not recognize. I also have a typed letter from the person who is the "go-between" mailed from this same address. Is this sufficient?
 

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