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Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer.

Sueing someone for Rent not paid..what if he doesn't answer the door when served?

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Old 12-05-2006, 07:12 PM     #1
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Confused Sueing someone for Rent not paid..what if he doesn't answer the door when served?

Hi, I sued someone in small claims court yesterday for 2 months worth of rent that has not been paid. The defendant will be served this week at the condo that I own (he is also in the process of being evicted from the condo). I know for a fact that he is home all day because he works from home. When I knock on the door, I can see him looking through the peep hole and then walking away from the door, without answering. My question is...what if the Deputy is trying to serve him, but the defendant just doesn't answer the door? What will they do then? Can I offer the Mashall's office to be there when they come so I can let them in with the key? Any advice...? I live in Fulton County, GA.

Thanks in advace for your help!
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Old 12-06-2006, 12:10 PM     #2
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Default Re: Sueing someone for Rent not paid..what if he doesn't answer the door when served?

see your other post, and the response
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Old 12-08-2006, 12:52 PM     #3
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Unhappy Re: Sueing someone for Rent not paid..what if he doesn't answer the door when served?

Ok, so now I have another question after I've filed a suit against him in Small claims court. He owed me rent and utilities for November, plus the late fee. And then December 4th came along, and he still hadn't paid me for November, and then December rent. I hadn't received any payments from him and when I saw him in person, he said he won't have the money. I filed the suit on December 4th. Now, he is saying that I will not get the money for December since I didn't give him enough time to pay for December before filing the suit. Is this true since I he was already past due on rent from November? And on the lease it says that he has until December 5th to pay, but I thought this would be null, since he was already past due. I am really hoping to win the money judgement for December as well for November because his eviction date is not even until December 19th...he's basically been living there for free since November 1st.

Any Ideas on what may happen?

Thanks so much for your replies!
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Old 12-08-2006, 04:29 PM     #4
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Default Re: Sueing someone for Rent not paid..what if he doesn't answer the door when served?

Couldn't I be sueing for lost income for Decemeber? I mean he didn't pay and he lived there, I could've found someone else to live there in that time. I lost that income. Doesn't he owe me for December? Plus, he was served on the 5th and rent is due on the 5th of every month. Plus he didn't pay for November.

Let me know your thoughts.
Thanks
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Old 12-09-2006, 12:21 PM     #5
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Default Re: Sueing someone for Rent not paid..what if he doesn't answer the door when served?

Yes you can sue for that; it is a part of the damages as well.
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