Hostile Witness????

[tst]

What does hostile witness mean? If I have a witness, who is a neighbor and wants t out, standing by and witnessing the delivery of a notice to vacate, and he/she will go to court on my behalf, is he/she considered to be hostile because of his/her feelings toward t?

How long can t knowingly avoid receipt of notice before it's considered unlawful?

Is verbal notice considered to be the beginning of the 30 days notice, regardless of whether t has accepted the written notice?

 

[HomeGuru]

In this case, the testifying witness will be your friendly witness and a hostile witness to the other side, so you are correct.

There is no law that prohibits a tenant from avoiding receipt of notice from you or the USPS. If t was served notice by an officer of the court, t can refuse to and does not have to sign acknowledgement of receipt, and legally service was still completed.

Once again, verbal notice is not considered legal notice to establish a notice to vacate. It has to be a written notice. Take notice of the answer please.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:


In this case, the testifying witness will be your friendly witness and a hostile witness to the other side, so you are correct.

There is no law that prohibits a tenant from avoiding receipt of notice from you or the USPS. If t was served notice by an officer of the court, t can refuse to and does not have to sign acknowledgement of receipt, and legally service was still completed.

Once again, verbal notice is not considered legal notice to establish a notice to vacate. It has to be a written notice. Take notice of the answer please. <HR></BLOCKQUOTE>


My response:

Just a minor, miniscule, correction to HomeGuru's otherwise terrific response.

If a person is served with process (Summons, Complaint, etc.), via USPS, and the envelope contains a "Notice and Acknowledgment of Receipt" form, service of process is not considered legally complete UNTIL the said Notice is signed by the recipient and sent back to the sender. If the said Notice is NOT signed by the recipient, then service of process is not effected, and then MUST be effected via Personal Service (e.g., having the same handed to the recipient or via publication in a newspaper); then, at that time, service of process is legally complete.

IAAL


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[HomeGuru]

IAAL, thanks. That's what I thought I said. If not, I stand corrected. HomeGuru.

 

[Tracey]

As you may have picked up from other posts, the definition of "proper service" varies from state to state. In Washington, you don't have to hand the notice to T, & if T avoids service by not picking up the certified mail notice, L gets a default judgment when T doesn't respond to the suit. In Wisconsin, T is presumed to have received service 2 days after mailing & T has to prove s/he didn't have notice. Where do you live?

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.