Hello,

I recently filed a small claims complaint on two tenants in one apartment that owed for several months rent and were evicted.

The complaint was written as two individual defendants because on the lease it said " If there are multiple Tenants signed to this Lease, all

such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants"

One of the tenants was just served the SC complaint but the second tenant I haven't been able to locate and I believe he moved out of state.

My question is will the court allow the case to move forward against just one of the defendants or will it delay the process since the second defendant has not been notified of the complaint ?

Not sure what happens in that type of situation.

Thanks,

In Missouri the court would go ahead with the case against the notified tenant and not go ahead against the un-notified tenant. At least here in my county.

All court cases, all judges are a roll of the dice.

You need a NH answer and maybe from your county.

Thanks for all the responses.

The defendant that was served has until August 30 to respond to the complaint only then will a court date be assigned.

Thanks again.

Posted by Bob [NH]) Posted on: Jul 27, 2021

Message:

Thanks for all the responses.

The defendant that was served has until August 30 to respond to the complaint only then will a court date be assigned.

Thanks again.

From Mike SWMO.

What happens if the defendant never responds to the complaint? (Do you never have a court date)

In MO when we go to the court (called a JUSTICE CENTER) to file the complaint we get a court date while setting there waiting for the paperwork to be completed. We also pay a fee to have the paperwork served. ($11.00 to have court mail the notice or around $50 to have sheriff serve papers. Cost depends upon distance sheriff has to travel to serve papers.

Hi Mike,

I needed to file the complaint for back due rent in small claims court with a filing fee. I think the fee was $145.00

Then the defendant needed to be notified of the complaint. One tenant left no forwarding address and the second tenant left a PO box as the mailing address. The court papers were returned as undeliverable.

The complaint could not proceed untill the defendant was properly notified. In NH a process server can not be used for notification of the initial complaint. I needed to hire the county sheriff to serve the defendant for a 31.00 fee. Luckily she still works at the same company and they were able to serve her at work.

Now that at least one defendant was notified the complaint can proceed against that tenant. She had until August 30 to respond to the complaint, if no response a default judgement will be issued in my favor. If she responds the court will assign a date the case will be heard.