Early rental termination: Sued while being out of the state

Dear Sir or Madam,

My previous landlord is suing me for early rental termination. However, I've been out of the country since more than a year. He failed many times because of my absent but recently he gave a court notice to my father in CA (I use that address on my Driver License). The messenger was not wearing any uniform and my father did not sign anything. I cannot attend the court for sure. So what could happen now? And what are my options?

[AFFA]

I wish to inform you that you can challenge the fact that the documents were served upon you. You can request for the process of special appearance in the court. In this, you can inform the court that the process of service is not proper as you are living out of the country for over a year. The court will consider all the facts and decide in the matter.

AFF

[sandyclaus]

Originally Posted by Unregistered Dear Sir or Madam, My previous landlord is suing me for early rental termination. However, I've been out of the country since more than a year. He failed many times because of my absent but recently he gave a court notice to my father in CA (I use that address on my Driver License). The messenger was not wearing any uniform and my father did not sign anything. I cannot attend the court for sure. So what could happen now? And what are my options?

Ignore the advice that AFFA gives you - it is bad advice.

If you use your father's address on the driver's license, it can be assumed that you live there (since state law requires you to keep your driver's license updated and current).

It doesn't matter what "the messenger" was wearing or whether or not your father signed anything. Most process servers do not wear a special uniform, and there are very few people served who actually sign an acknowledgment - nor are either of these points something that is required for valid service of process.

The whole point to service is to notify you of a court action and give you an opportunity to respond and attend the hearing. They successfully accomplished that task, clearly, since you now know about the court case against you. They sub-served your father at what could be considered your U.S. residential address from the driver's license - which is perfectly valid.

What happens if you don't attend? If the former LL can convince a judge that there is a valid claim, and you do not appear personally to defend that claim, then the LL will probably get a default judgment against you. And no, someone can't attend on your behalf, and CA small claims does not permit attorney representation before the court.

Moral of the story? Don't assume that just because you move out of the country that you won't be held liable for the debts you leave behind. In CA, most judgments are good for 10 years, and renewable for another 10 after that. If you plan to return to the U.S. over the next 20 years, that judgment will be waiting for you.