Do Not Serve This Page With The Eviction Notice: Fill & Download for Free

Tell him you want him to move out.If he is a psychopath, he will not be hurt by this, he won’t feel anything about it. Perhaps he will realize he is losing a financial advantage, but that can be worked around.Give him a date that he must move out by. Setting a deadline will make it more “real” when he is asked to leave. It could be 30 days, 45 days, but make it a hard deadline.Now comes the hard part. Everyone in the household must be on the same page with this. He will attempt to manipulate everyone in order to be able to stay. You must be on the same page with your husband, you must be on the same page as anyone else who lives there.They must all tell him that he has to move out by the given date.The next step is to figure out what the rental laws are in your state and have a legal eviction notice created with the proper date on it. You must serve it to him and you must enforce it.If he does not move out by the required date the sheriff's office will uphold the eviction notice and forcibly remove him.However, I believe that if you simply tell him that he must move out and serve him with the eviction notice he will get out. It isn’t advantageous to him to have to tussle with the sheriff. He knows this, and if he thinks you are serious about it he won’t risk it.Hopefully, when you tell him that you want him to move out he will simply do it and none of the other steps will be necessary.

I married young (19), to a guy I’d only dated a few months. I‘d gotten pregnant and his charming mother told me “Your child will be called a ‘bastard’ all it’s life if you don’t marry my son.” So we got married. And sh*t went sideways. Among other suspicions (excessive drinking, drug use) I was pretty sure he was cheating on me. Despite the aforementioned I was “the good wife” and tolerated his spending all our money at the bar, eviction notices nearly every month (his mother worked clerical at the sheriff’s department and would call us when the eviction was filed, then put our paperwork “at the bottom of the pile” so we never actually got served), not coming home, or coming home completely annihilated.While doing laundry one day I found a phone number for someone named “Lynn” in his pocket. I asked my husband about the # when he got home from work before I left for work, he said it was a GUY he met at the softball league he played on. I left it at that. The “crazy chick” in me went through the White Pages later - this was the 80s, phone books were 5” thick - searching each column until I found that phone number. Now I had a last name.A year passed, I am pregnant again (doctors didn’t tell you antibiotics nullified birth control back then). He started claiming he had “overtime” on the weekends, yet his paycheck didn’t reflect this. I asked about it, he mumbled something stupid and he had to help his friend Lynn put a new roof on his house. The following weekend was another project at Lynn’s house. And another. And another. I actually enjoyed him being gone. But this wasn’t how marriage was supposed to work.I was sitting with a girlfriend one night with my newborn and she asked where my husband was. I said “Helping his friend Lynn.” She said “Isn’t that the name & phone number you found in his pocket? He sure spends a lot of time over there. What if Lynn is really a female?” How TF did I never consider this???? I grabbed the phone book and started flipping. I remembered “Lynn,” I remembered the number was on the right hand page second column 1/4 of the way down, but I couldn’t remember the last name. And then? I realized I was looking at the NEW phone book. My friend said “I just threw my old one away. YES, I climbed in the dumpster and got her phone book out.Fortunately Lynn had a last name that started with “B,” however there were 5 people with this same name and I didn’t know which one was her.I went to each address but 1, because I couldn’t find it. 3 women and 1 man who all had no idea who my husband was. I called the 5th number and JACKPOT. Not only did she know my husband, but she’d been dating him for OVER A YEAR. She’d met my oldest son, she’d been to my apartment and SLEPT IN MY BED (I was up north with my parents, pregnant with a toddler, waiting for Daddy, but he had “overtime“ and arrived 2 days later).Lynn ended up being an absolute sweetheart. She was a widow - her husband developed a brain tumor and died right before the birth of their only child, a daughter. She hadn’t dated for 5 years, but at the coaxing of her best friend, went out ONCE and met my husband at the bar he went to after his softball league. He introduced himself as “Harvey,” yet told her his actual (very unusual) last name. She said he was too good to be true. How he fixed all sorts of things around her house, put on a new roof (he couldn’t even cut the grass where we lived! I did it, PREGNANT!), etc. And her daughter adored him. How he told her he was a homebody and preferred to stay in at her house and watch movies. She said they were together about a year when he announced his job had transferred him to Texas. She was devastated. But he told her not to worry and promised her they would still see each other. So when he would show up on weekends? She thought he was flying to WI from TX just to see her when in reality he was driving 20 minutes from our apartment! He would borrow neighbor’s cars, which I thought was weird, until she mentioned how he showed up in a different rental car every weekend when he flew up from Texas. I can see how she was blinded. He was really good at his game.She was no dummy though. She said some of his stories started not making sense, so SHE went through the phone book intending to call all the people with the last name he’d given her. The 2nd phone call was answered by HIS MOTHER. Lynn asked questions about “Harvey,” the Mother said “That’s not my son’s name, but you need to leave him alone. He’s married and has a child and another on the way.” Lynn was devastated. After losing her husband, the first guy she dates is not only married but a pathological liar. She broke up with him immediately.Now that I know all of this, what am I supposed to do? Husband comes home early from work on Friday in all new clothes & expensive new Reeboks (we were broke, out of milk and down to the last few diapers) and announces he’s going to the bar. I tell him we can’t afford it, he grabs the checkbook, his buddy shows up and they leave. My lightbulb FINALLY comes on and I shift into warrior mode. I grab the BOX of checks, load the kids in the car and drive to the bank. I withdraw everything but $5. I then head to my parents house, hand my Mom a wad of cash and ask her if she can watch my boys for the night. She says “What are you doing?!?!” I say “Something I should’ve done a long time ago.“I drive to Handy Andy and buy a lock rekeying kit and head back to my apartment. 20 minutes later my locks are changed, I call my friend and tell her “Get ready, I’m coming to get you, we’re going OUT!” She says “How?” Because I literally NEVER went out, I told her I’d explain later. We went out for just a couple hours, had an absolute BLAST and came back early, because I expected the husband to arrive after closing time. I hid the car about 3/4 of a mile away in an industrial parking lot and we walked back to my apartment. As I was unlocking the entryway, HE stepped out from the building across the street and yelled “WHY DOESN’T MY KEY WORK?!!!” I swear there was some divine intervention at that moment, because I unlocked 2 doors with a total of 3 locks, we got in & locked the door before he reached our apartment. He pounded on the door, hollering and threatening, then sweet talking. My friend & I sat in silence with the lights off. The last thing he said before he left was “You’ll regret this. And when you come crawling back to me I’m not putting up with ANY more of your sh*t.” Ummmm, I worked, took care of 2 babies, cooked, cleaned and managed & maintained 5 four-family apartment buildings. I’d love to know what he had to “put up with.”He moved back home with his parents. He called and asked me to consider a reconciliation. I told him “Tell you what. Write down on a piece of paper all the things you expect me to change and I’ll do the same. You come over Saturday, bring your parents and we’ll all have a nice chat. He agreed.My Dad came over that day to make sure I was safe. It also happened to be Valentine’s Day. My husband came with his parents, a notebook FULL of stuff he’d written, plus a card and a box of candy. He said “Now what?” I said, “Well, I think the first thing we should do is make sure we’re both being completely honest. I don’t want to do all this relationship work only to have some secret surface and destroy everything.” He says “Nothing here.” I said “No secrets, no lies, nothing you might’ve forgotten to mention?” He chuckles and says “Nope.” I said “Ok, like no liaisons or affairs or parking tickets or overdue library books or anything like that?” He firmly states “Absolutely NOT!” His mother is rolling her eyes the entire time. I say, “Ok. Let’s talk about what needs to change.” He whips open his notebook. I say, “Oh, I almost forgot. Remember when I was 8&1/2 months pregnant and we were up North waiting for you, because you had to work overtime?” His mother chimes “I remember!” I continue, “So you were here, working, right? You weren’t here, in our apartment, FU*%ING Lynn B in OUR bed?” His Dad slapped himself in the forehead, his mother gasped and fell back on the couch. I said “That’s what I thought. You can all leave now, we’re done.” That a**hole took my box of candy on his way out.🤣After they left my Dad said “That was AWESOME!” I said “Really?!?! I thought for sure everyone could see me shaking!” My Dad said “Not at all. You were SO calm and SO soft spoken and you took him down with such class!”And THAT is how my marriage ended.

Service can be performed by an employee of a company specializing in that. These good folks generally are called “process servers”. There is a fee which, to my mind, is money well spent since it can be a difficult and tricky job. I used two, one for routine stuff where I had no reason to expect any problem, and another when I did. They are plentiful wherever there is a courthouse. Service can also be done by mail, but you will have to send it certified and return receipt requested to get the little green card back. Either method gives you something called “proof of service”, which generally is filed with the clerk of the court where the lawsuit is.Note: Sometimes service can be dangerous. It is not something you should do yourself to test out how dangerous.Once issue is joined, meaning something has been filed by the defendant, subsequent service is made on the attorney who filed that pleading, or if a person representing themselves, on that person, by regular mail. A statement to that effect commonly is included on all subsequent filings, like:“I, [name of service agent], served the [name of pleading or document] on [name] at [exact street address] on [date] by [method of service]. Dated [date] and [signature]The affidavit of service of the plaintiff’s initial document may be nearly as simple, but can be lengthy, as was necessary when I had to sue a motivational speaker at a seminar being held in Hawai’i and wanted to provoke a settlement by making the service visible as such at a break during one of his speeches. I chose a process server who was the proverbial teddy bear in reality, but who wrestled part time and wore a hat with a coral-snake band. He personally killed enough of those snakes to make that band. His service did indeed result in a prompt and full settlement, so he got a thank-you bonus.In essence, service basically requires that you provide constitutional-level notice to the person or entity being sued. How that is done specifically is described in an early-on rule in procedure in every state and at the federal level as well.Corporations generally have one or more “service agents” whose only job is to accept service on the entity’s behalf and promptly forward it on to the responsible person in the entity. The name and address of a service agent for an entity is available from whatever state entity licensed the entity to exist in that state. This is because, in the U.S., any entity registering with the state has to designate an agent to accept service. Commonly that will be whomever helped provide the paperwork to form the entity, but it can be any person reasonably available that the entity chooses. And it is easily changed later. There are services which create entities in various jurisdictions, and a lot of times they are the service agent, at least initially.Corporations can also be served through any officer if there is no designated service agent. When I was annoyed with some publicly traded company, this was my favorite because somebody working for that person will accept service and actually read stuff. Sometimes it was the only way to get the entity’s attention. Public entities also list their senior management by name in the documents they file with the SEC. Service on an officer commonly is good service too. I sometimes served two or three people because I didn’t want arguments that delay issue from being joined or at least addressed.There are rules of procedure in every jurisdiction on this. Look yours up by your jurisdiction, including “service by process”, then follow what it says for the type of defendant. For the Federal Rule on the point, substitute “FRCP 4” or if in a bankruptcy proceeding, 7004. Or look up process servers for your area and let them handle it. They will also provide you with an affidavit of completion of service which you must cause to be filed with the clerk of the court where the suit is. Generally some type of cover sheet is required, which the local rule of court will describe or name, and which commonly can be downloaded from the court’s website or picked up from the clerk’s office.There are things that an experienced litigator will do between the filing of a lawsuit and the date the answer is due, but I spend a lot of pages in my writings describing all this under various circumstances, and it is way too long to include here. Plus my publisher gets worked up enough as it is about my providing “free stuff” to people.