[RPPTL LandTen] Question: Count II

[Leonard Cabral]

The clerk will issue an alias summons if you either show the summons was not personally served or you file an affidavit to that fact. You have the Alias summons served with the original complaint.  The alias summons should be a 20 day summons since the 5 day eviction under Chapter 51 was served and the tenant has 20 days to answer for damages. The law does not permit damages to the landlord without personal service on the tenant.  My only warning is that you do not post the alias summons it must be personally served.
Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com



From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Joseph Alexander
Sent: Thursday, September 25, 2014 11:14 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Question: Count II

Dear All,

I have a question about how to handle the following scenario:

1.         Residential Eviction Complaint filed with Count I: Possession and Count II: Damages;
2.         Service posted;
3.         Partial Final Judgment by Default (Count I);
4.         Get possession;
5.         Now locate Defendant and want to seek damages, pursuant to Count II.

Can I get an Alias Summons and personally serve the Defendant, indicating that Partial Final Judgment for Possession has already been issued and that he only needs to Answer/Reply to Count II? Has anyone done this and have a form that I can see?


Thank you,

Joseph N. Alexander
LIESER SKAFF ALEXANDER, PLLC
Fla. Bar No. 0671045
511 West Bay Street
Suite 350
Tampa, Florida 33606
Phone: (813) 280-1256
Fax: (813) 251-8715
Email: jalexander at lieserskaff.com<mailto:jalexander at lieserskaff.com>

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