Eviction

questions & answers

Question: If I am out of state on FMLA and Landlord knows this and delivers court summons to house I rented 2 days before court and I got a copy 2 days before and I don't show for court but call court can I still fight process . I am in a dilemma.

Answer: Without knowing additional information, it is assumed you are referring to a Summons in connection with a forcible detainer action pursuant to A.R.S. § 33-1377. A.R.S. § 33-1377(B) requires that the summons related to a forcible detainer action be served on a tenant. Specifically, A.R.S. § 33-1377(B) states that the tenant is deemed to have received the summons three days after the summons is mailed if personal service is attempted and within one day of issuance of the summons a copy of the summons is conspicuously posted on the main entrance of the tenant's residence and on the same day the summons is sent by certified mail, return receipt requested, to the tenant's last known address. Assuming the provisions of A.R.S. § 33-1377 have been complied with, there may be a Judgment lodged in the appropriate court relative to this matter. Depending upon the facts and circumstances giving rise to the Judgment, if any, there may be options to have the Judgment Vacated or Set Aside. You are strongly urged to seek the assistance of an Arizona licensed attorney to determine if any Judgment has been lodged, and if so, whether it may be Vacated. This information is intended to be used as information only, and is not intended to be construed or interpreted as legal advice.