B307 filled out as an example from the NYC Court House
B307 filled out as an example from the NYC Court House
With the Internet we have been able to expand our business in Real Estate, as well as our garage sales. I had an experience with an individual who tried to perpetrate a fraud upon me. I advertised a china cabinet on the internet through craigslist and got a response.
First thing that caught my attention is the email address. The one that came from craigslist was different from the one they wanted me to communicate with.
The price of the item was $800.00 US for a China Cabinet. I receive an email that they are interested and they live out of state, they will Fedex the money for shipping and handling. With instructions to deposit the funds into my bank account and to notify them when this is done, ( My ad requested payment in the form of a U.S. Postal Money order or wire funds through western Union No other form of payment will be accepted.)
Holdover Process leading to Eviction
(First court date appearance )
Today was our first court appearance with the tenants. The judge and his assistance review the documents submitted in front of you and the Tenants. If all is in order the case will proceed, he or she will explain the actions to the Tenant and the landlord. They will explain the law and what it means if you wish to enter an agreement or go to trial.
Let me explain if the Tenants wish to go to trial you would have to come back to court for another court date. At this point you, must explain your case to the Judge and prove that you are the landlord and that you wish to have your apartment back. As stated in the court papers that your property is not regulated by rent control or rent stabilization law, there is not much more a Judge can do, but to give the adequate time for the Tenants to move, a period of six months. You the land lord should always ask for use and occupancy while the tenants are in the apartment which means you want to be paid for the unit. That would be the current month rent that is being paid. If for any reason the Tenant fails to pay his rent during this agreement, the six months grace period given by the court may be reduced and you can ask for the apartment sooner. By going to court and filing an Order to Show Cause.
Well today we reached an agreement I was willing to give them six months and they agreed to pay rent while they look for an apartment. The final day for them to continue to rent the unit will be January 31, 2014 and after that date, I can request for a warrant to be issued to the Marshall to evict the tenant and retrieve my property.
Disclaimer this is not to be construed as legal advise you should always consult an attorney before starting any legal proceeding.
We now have served the Notice of Petition and Petition of Holdover to the Tenant and under tenants the server must have the Document notarized. The original is returned to the county clerk’s office. This document must be filed with the county clerk’s office within three business days of service and with this you must give a postcard for each Tenant listed in the petition and Notice of Petition, with postage on the cards, You must fill out the cards with the date, time, address of the court, part and room that the case is to be heard. Now you wait for the day to go to court.
Land Lord Tenant Court Cashier window
Disclaimer This is not to be constured as legal advise please consult an attorney before starting any court proceeding
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.
141 Livingston st Brooklyn, NY, 11201 for Brooklyn cases only
Thirty days have passed and now we must move on to the next step.
The following forms must be filled out.
Blumberg Petition form X210 ,Blumberg Notice of Petition form X211,Blumberg Post card Form T216
Bring all the forms including the original Notice of Termination form, to the cashier where you will pay a Filing fee to purchase an Index Number for the case. You can pay by cash, or by certified check or money order made out to the clerk of the civil court. The clerk will stamp the index number on your papers Note: at the time you pay for the Index Number. You must choose a court date.
The Clerk will return the Notice of Petition with the Index Number stamped on it and the court date indicated. Make a copy of the numbered Notice of Petition and serve…
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