Unlawful detainer hearing with missing proof of service. How to address it?

Question

I am preparing for my unlawful detainer hearing via Court Zoom in four days but haven't received the summons. The court notified me of the trial date through a courtesy notice. Despite ongoing communication with my landlord over five years, the proof of service of summons is still missing. Recently, I received another notice stating that possession of the premises is no longer in issue. Despite this, I need to know how to address the missing proof of service with the judge, especially since legal aid clinics claim such procedural issues are often overlooked in eviction cases. What steps should I take?

James L. Arrasmith · Answer

During your Zoom hearing, you should raise the proof of service issue immediately when the judge begins the proceedings. Begin by stating "Your Honor, I need to address a procedural matter - I never received proper service of the summons and complaint in this case, and I understand there is no proof of service on file." 
 
Keep your explanation clear and focused on the facts: the length of your tenancy, your ongoing communication with the landlord, and the fact that you only learned of the case through a courtesy notice. The missing proof of service is a fundamental due process issue that could affect the court's jurisdiction to hear the case, so it's crucial to bring this up before addressing any other aspects of the dispute. 
 
While the notice about possession no longer being at issue might affect some aspects of the case, it doesn't resolve the underlying service problem. You might want to prepare a brief timeline documenting your communications with the landlord and the court notices you've received. Having this information organized will help you present your concerns efficiently to the judge, who can then determine how to proceed given the procedural irregularities in your case.

Q: Unlawful detainer hearing with missing proof of service. How to address it?