Failure to Pay Rent Personal Service

What is Failure to Pay Rent Personal Service?

Failure to Pay Rent Personal service requires that the sheriff or legally appointed representative must personally serve the summons to the tenant, subtenant, or any other person(s) in actual possession of the real property. If unavailable at the property,  a copy of the summons may be posted in a conspicuous place on the property. However, this method only permits landlord to get a the default judgment for possession of the property and court costs. In order to get the amount of rent due a tenant must be personally served.

What is a Money Judgement?

A money judgment allows the landlord to request unpaid rent from a tenant. However, this is conditional on the tenant being served personally. This is what makes filing a failure to pay rent personal service so paramount. Otherwise a landlord cannot request unpaid rent from a tenant.

Personal Service of the Failure to Pay Rent allows our Agent to ask the Rent Court Judge to award a judgment called a Money Judgment. A Money Judgment allows the landlord to convert the rent court case number which is assigned by the District Court to a conventional civil judgment. Once the Money Judgment is converted by the clerk’s office, the landlord can then start the collection process.

Without the Personal Service of the Failure to Pay Rent, the Agent will not be able to ask for a Money Judgment. If the verdict given by the Judge is a “Judgment for Plaintiff / Landlord”, this will allow the Landlord to order the Warrant of Restitution, which is the form for possession for the property. This action DOES NOT allow the Landlord to issue any type of collection action against the former Tenant. A separate civil case must be filed and the Tenant re-served.


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