Q: RV Park eviction notice, then court papers. The notice was a different one than we received. Is that legal?
Would we be able to use that information to nullify the eviction? Thank you.
A: Asking the same question today as yesterday doesn't change the answer. The notice being relied upon must be attached to the Complaint when it is filed. If that notice was not actually served on the tenant, it may be a complete defense at trial. BUT if there has already been a trial or if the tenant failed to show and was defaulted, and a Judgment has already been entered evicting the tenant, it likely is too late so to answer your specific question, no, it is not likely to nullify a Judgment of Restitution. If you wanted to fight the claim, you were obligated to do so at trial, before Judgment was entered.
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