Thanks for the support guys, here is an eviction update, copied from a post on another forum, I had to clean up the language:
It’s so incredibly frustrating.
In my county the bailiff has to serve the person being sued. But it turns out, if they feel they’ve tried hard enough, they can just give up and not tell anyone that they’ve given up. Your case pretty much just dies at their desk.
A few weeks ago they came to the house, parked next to Leon’s car in the driveway, then walked next door, knocked on the wrong door, then left when they couldn’t find Leon at the wrong house.
So, I called the bailiffs office and they said they’d try again. I also told them that if they give me 30 minutes notice, I can be there to let them in the house. The next day I get a call, they are 5 minutes away. I wasn’t able to get home in time to let them in. I watched on camera as they knocked on the door, waited about a minute, then left. Leon walked outside to watch them drive down the street.
I call them back, we arrange and entire day for me to take off work and stay home so I can let them in. They never came and offered no explanation.
I talked to my lawyer this morning, because the court date is Monday. He was finally able to talk to someone and apparently they just gave up, and my lawyer had to pay again to re-start the process. So, yeah…
If he gets served this week it'll have Monday as the court data on his papers. But he needs to have 7 days notice between being served, and the court date. If he gets served this week my lawyer and I still have to appear on Monday. If Leon shows on Monday there is a good chance the judge will hear the case anyway, this is good. If Leon doesn't show on Monday the Judge will push it back a week.
In the meantime, there is a liquid dripping from his room into the basement, and there is feces smeared on the bathroom walls. He is partying every night, keeping anyone else from sleeping in the house, and the police are no help.
What I've learned:
1: Don't hesitate when it comes to evicting someone. Every day counts, a lot. I have printed both the 3 and 30 day notices and at this point will be able to just fill them out on the spot and get the ball rolling. Everything hinges on when that notice gets posted to the front door.
2: There is a way to use a private process server instead of the bailiffs, but you need a judge to sign off on it first. From now that motion will be filed at the same time the case is filed. I talked to a process server in my neighborhood and he is totally cool with me giving him a house key, and limited access to the security cameras, so they can see when the bad tenant is home, and they can walk right in and serve them. This waiting for the bailiff stuff is for the birds.