[RPPTL LandTen] Question: Count II

[Leonard Cabral]

I agree with Joseph as he stated what I did with much more clarity than I did.   My warning still is valid.  I had a landlord that posted an alias on an address other than the rental unit the landlord owned and it caused the landlord problems. That is why I stated do NOT post the alias summons, make sure it is personally served and ask either draft your own summons without the 5 day wording or ask the clerk to redact the 5 day portion of the summons.(not sure how that would read) but you get the idea.
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 Pat at hoganlegalservices.com
Sent: Thursday, September 25, 2014 1:20 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Question: Count II


My experience is that you may get an alias for ten dollars or so from the clerk but you don't need to do anything, other than have the original complaint served personally with the alias. Count I is in rem and count II is in personam, and it is not necessarily your job to clarify how he should be responding.  All judges I have encountered hold the defendant to the literal words in the summons (typically number 5. for the monetary claim), and ignore responses related to the in rem action as untimely (assuming response isn't a 1.540 motion, etc.). If they missed notice of Count I for final judgment so be itsn't necessary for an in rem action and not your job to explain. Not sure you need to do anything beyond personal service.




-------- Original message --------
From: Joseph Alexander <jalexander at lieserskaff.com<mailto:jalexander at lieserskaff.com>>
Date: 09/25/2014 11:16 AM (GMT-05:00)
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
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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