Tuesday, March 15, 2016

Why Use A Process Server???

Paul Yengst Areas Served
This meeting will be at Jersey Lilly's in Salem VA across from Lewis Gale Hospital.

This week our special guest speaker will be process server, Paul Yengst. We will be talking about the process of serving people that you are suing.

If you file a Warrant in Debt or an Unlawful Detainer against a tenant than you by law have to have them served with a notice of the upcoming court date. If you are in the courthouse and give the Clerk the court papers without having a process server written on them, than they will automatically give you the Sheriff to serve it.

Reasons NOT to have the Sheriffs office serve the papers but rather use a Process Server:

1. When papers are served through the sheriffs office it will be brought by a deputy. Who could be highly inexperienced.  Those who have a lot of papers served have found that they locally more often come back “unfound” when served by a deputy rather than a process server. When papers get returned to the court unfound the court case is dismissed if you can’t give a new address right away for it to be submitted to. The law does not require last known address as many people think regarding where papers are served. It should but it doesn’t. And if those papers aren’t served than you have no lawsuit.

2. It costs 12 dollars PER PERSON that you are suing for the deputy to serve them. All cases you should have at least 2 people. One would be the person who is living there. The other is “Any And All Other Occupants.” The reason for this is if the tenant moved in a friend or anyone else, when it comes time for the Writ of Possession to have the deputy meet you there to put the people out, if you are only kicking out that one person and there are other people living there not on the lease, the deputy will not put them out. This means you have to do it all over again and sue them to get them out. I have made this mistake once. Once you get bit by it you will never mess up again. I can assure you of that.

Regarding the price, Paul charges 11 dollars for NO MATTER HOW MANY PEOPLE are listed on the court papers. This is very helpful considering the games the deputies sometimes like to play and their refusal to put out anyone you don’t have listed on the eviction. Even though they are criminally trespassing as they aren’t listed on the lease.

We cleared this issue regarding trespassing up with the Police Chief years ago but it’s still practically impossible to get the police to follow the law and arrest anyone in the house not on the lease even though the Chief and City Attorney looked at the laws and agreed with REI’s position on the issue. Anyone in a property of yours that is not on the lease and not invited to stay there by you is a trespasser. The law is clear.

So, I’m going to bet that you don’t know EVERYTHING about properly filling out court papers and the process of serving them. Come on out it will be a fun meeting!

Check Out Paul's webpage here:


Post a Comment


Real Estate Investors of Virginia. Copyright 2009 All Rights Reserved