[RPPTL LandTen] Question: Count II

[Joseph Alexander]

Thank you all for the responses. The point of concern for me was really how
to treat the fact that I have a partial final judgment (count I) and I am
essentially serving the entire complaint (by Alias Summons) upon the
Defendant. 
Didn¹t know if I should somehow indicate that the Partial Final Judgment
exists, etcŠ
Could be that I am overthinking this thing.


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

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From:  Leonard Cabral <leonardcabral at lenslaw.com>
Reply-To:  RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Date:  Thursday, September 25, 2014 at 1:47 PM
To:  RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject:  Re: [RPPTL LandTen] Question: Count II

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
 

This message and any attachments are intended only for the use of the
addressee and may contain information that is privileged and confidential.
If the reader of the message is not the intended recipient, you are hereby
notified that any dissemination of this communication is strictly
prohibited.  If you have received this e-mail in error, please notify us
immediately by replying to this e-mail message or by telephone and delete
this message and any attachments from your system.  Part of our practice
involves debt collection, therefore this may be an attempt to collect a debt
and any information obtained may be used for that purpose. Thank you.
_______________________________________________ landten mailing list
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