Should I Go to Court Without Being Served

My question involves an eviction in the state of: Missouri

I'm in a real dilemma here and unfortunately I just found this site. Our landlord is trying to evict us for rent and possession and property damage. They've filed one petition for summons but apparently they put the wrong address so we weren't served. They filed for alias summons and according to casenet, tried to serve us on 8/2/13. I was asleep at the time, but the dog started barking so I yelled at him and went back to sleep. I never even heard anyone knocking. They say we avoided service. Court is set for today at 9am and I'm not sure if we should go or not since we haven't been served.

I also have questions about the eviction itself. They are suing us for unpaid rent. There were a few months earlier this year that my partner was out of a job. We received rent assistance during this time. About 4-5 months later we received a notice taped to our door stating we owed $1300 in back-rent and that a payment plan must be negotiated. When we went to do the payment plan we were told only then that the assistance hadn't covered all the rent, but our landlord/office manager hadn't told us anything about this. Had we known rent wasn't being fully covered we would gladly have made up the difference.

Not only that, the apartment complex has a severe roach infestation. They spray once a month, but it doesn't help. We, and other tenants have told the office manager about this but so far the only thing that has happened is that they've sprayed one additional time in our apartment. Considering they do receive public housing assistance (Section 8) should we call the health department? And what other defenses are there?

I'm not trying to get out of my duties and responsibilities. But we were trying to move out and were refused housing because of this since they filed 2 days after we put in our 30 day notice, essentially trapping us here. We only found out about this because of a potential landlord telling us.

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When we went to do the payment plan we were told only then that the assistance hadn't covered all the rent, but our landlord/office manager hadn't told us anything about this. Had we known rent wasn't being fully covered we would gladly have made up the difference.

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so you didn't bother to check to see if the assistance paid all of the rent due but just figured it did? Sorry but the landlord being a nice guy does not release you from being liable for unpaid rent.

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Had we known rent wasn't being fully covered we would gladly have made up the difference.

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well that's good to hear. You can now gladly make up the difference and that part of this issue will be taken care of.

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Our landlord is trying to evict us for rent and possession and property damage. They've filed one petition for summons but apparently they put the wrong address so we weren't served.

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you are their tenant and they put the wrong address on the complaint filed with the court?

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Not only that, the apartment complex has a severe roach infestation. They spray once a month, but it doesn't help.

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so, what actions have you taken to date concerning this issue? You do not get to retroactively bring up an issue and expect it to allow you to be absolved of your obligations.

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They filed for alias summons and according to casenet, tried to serve us on 8/2/13. I was asleep at the time, but the dog started barking so I yelled at him and went back to sleep. I never even heard anyone knocking. They say we avoided service. Court is set for today at 9am and I'm not sure if we should go or not since we haven't been served.

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did they leave a copy of the summons when you ignored them at your door? Did they mail one to you? I have not checked the requirements to be served but I would be cautious here. In some states, leaving it on your door and/or mailing it to you is adequate. Check the court file to see if there is a claim of you being served.

but given the situation, I see nothing gained by not going to court now. At best you are prolonging the inevitable and, after all, you have already expressed concern that you are trapped. Why not just get it over now so you can move on with life?

" Court is set for today at 9am and I'm not sure if we should go or not since we haven't been served."

Good lord in heaven. Hopefully you DID manage to wake up and go to court this morning. And hopefully you brought all that your landlord claims you owe plus any late fees plus court costs.

Gail

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Quoting gail in georgia

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" Court is set for today at 9am and I'm not sure if we should go or not since we haven't been served."

Good lord in heaven. Hopefully you DID manage to wake up and go to court this morning. And hopefully you brought all that your landlord claims you owe plus any late fees plus court costs.

Gail

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Of course not .... the OP simply does not want to pay ... big surprise? Nah.