Q: What (if anything) happens when Notice to Appear is sent only by First Class mail?
We just got mailed a notice to appear where the city is trying to get a judgement against us for a code violation from months ago. Aside from the questions about why it took months after we left things at there was a complaint and they would contact us if they still thought there was an issue after they came out to look themselves and verify that the “weeds” were in fact a privacy hedge of shrubs as we told them and why the next thing we hear is this summons instead of a call or letter saying there was still a problem I have a question about the Notice to Appear itself. The notice came First Class mail and everything I have found said they have to be sent Certified/return receipt mail or hand delivered. Is that not true for code violation lawsuits? If they still can’t be sent First Class mail are there any penalties for them not serving the notice properly?
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A:
When a Notice to Appear is sent only by First Class mail, its validity depends on local laws and regulations. Some jurisdictions require that such notices be sent via certified mail or personally delivered to ensure receipt. If the city did not follow the mandated method of service, the notice might be considered improperly served.
Improper service can potentially delay the legal process or even dismiss the case if it's proven that you were not properly notified. However, this often requires you to raise the issue in court, where a judge will decide if the service was adequate. It's important to gather any evidence you have about how and when you received the notice.
To protect your rights, consider contacting a local attorney who can provide guidance based on your specific situation and local laws. They can help you determine if the notice was served correctly and advise you on the best steps to take next. Acting promptly will ensure you address the issue before any judgments are finalized.
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