Holdover Process leading to Eviction

 

Holdover Process to leading to Eviction (Index Number)

 

We have gone to the Land Lord Tenant Court got our Index Number and Court date, Paid a fee of Forty Five dollars (45). First Court date is scheduled for Jul 29th 9.30am.

Now I must have the paper worked served onto the Tenant No earlier than twelve days before court date and No later than five days before court date so you have actually Seven days to have the Petition and Notice of Petition served to the Tenant.

Who May Serve         If you are named as a party to the proceedings, you cannot serve papers. However, anyone 18 years of age & over who is not named in the court papers may deliver court papers. To hire a process server, look in the yellow pages. A person who serves more than five times a year must be a licensed process server.

When to Serve           The Hours of a legal service are as follows.

Non-Working Hours  6:00 am – 7am

Working Hours           9:00am-5 Pm

Non-Working Hours  6:01pm -10:00pm

How to Serve                         There are three ways to serve court papers

Personal Delivery      The server must personally hand one copy to the person being sued.

Substituted Service   A copy of the legal papers may be given to any individual who answers the apartment door as long as he or she resides in the apartment and is of an appropriate age and has appropriate judgment to receive the papers. By the next business day, the server must mail one copy of the papers by regular mail and one copy by certified mail. Keep the certified mail receipts.

If the server is unsuccessful on the first try to serve the papers either b personal delivery or substitute service, then he/she must make a second attempt during a different time period. For example, if no one is home during working hours, the server can return at 7:30pm during non-working  hours . After two unsuccessful attempts have been made to serve the person at home either by personal delivery or substitute service, the server may then use conspicuous place service (Nail and Mail)

Conspicuous place service (Nail & Mail)     After two unsuccessful attempts have been made to serve the person at home either by personal delivery or substitute service, the server may tape a copy of the papers on the door or place a copy of the papers under the door. By the next business day, the server must mail one copy of the papers by regular mail and one copy by certified mail. Keep the certified mail receipts.

Affidavit of Service    An affidavit of service is a sworn statement that the server delivered the papers as the law requires. It is very important that the server write the name & description of the person served, the time of service and other details such as job title. The affidavit of service is completed after service is made. A sample affidavit can be found on the reserve side of the Blumberg’s notice of petition. The affidavit must be signed before a notary public and thereafter filed in court within 3 days of personal delivery or mailing. If service is made by a person who is not a licensed process server, the following statement must be included. I am not a licensed process server and have not served more than 5 papers in the preceding year.

 

Disclaimer: This is not to be construed as legal advice please consults an attorney for any and all legal consultation.Image

Advertisements

Published by

David Rivera

NYS Licensed Real Estate Associate Broker at NEUHAUS REALTY INC. Richmond ROAD , Staten Island, NY 10306 I am a Certified Short Sale Agent and e-Pro certified Equator Elite Agent.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s