Posted by Mark Smith on October 22, 1998 at 10:59:21:
In Reply to: Traverse Hearing and My Wit's End posted by Nora on October 19, 1998 at 10:44:56:
The process server may slide the notice under the door of your apartment or may attach it to the door. The process server must also send copies by regular mail and by registered or certified mail. When you were away, did anyone sign for the registered or certified mail? The super? Did the super and/or the landlord know that you were staying somewhere else on a temporary basis when the process server allegedly attempted service? If so, the papers should have been served at the temporary address, if that address was known. Obviously, when the letter carrier gave your mail to the super, the super knew that you were away.
If you are not successful at the traverse hearing, the judge can stay execution of the warrant and let you pay the amount of the judgment, which may include attorneys' fees. However, courts favor disposition on the merits, and because of your warranty of habitability defense and counterclaim, the court may grant the traverse and dismiss the petition, without prejudice to the landlord filing again.
: I'm sitting in my apartment, listening to my waterfall in the bathroom. There isn't supposed to BE a waterfall in my bathroom, but it's recurring, at least once a year.
: I stopped paying rent several months ago because, after 8 years, I'm tired of constantly having floods from poorly-made repairs. The landlord took me to court, which I didn't know about until I received a marshall's notice.
: There's a traverse hearing on Wed in Brooklyn, because the landlord did NOT serve me properly. I was ill and not living at home during the time he "served" me papers. I'd left a "hold mail" notice with the PO, but, when I returned home, the Superintendent in the building handed me a shopping bag FILLED with MY mail. He said the letter carrier had "given it to him because the mailbox was full."
: I called the PO and found out that's illegal. The letter carrier had to, BY LAW, take the mail back and return it to sender. So, with the Super having my mail, is it any wonder I never received the court papers?
: Also, as I understand it, the process server will be there to testify he made proper personal service. Since I wasn't at home during that period, and since I have weatherstripped my door, and nothing can be slid underneath or thru the side, how good is his case?
: I'm so tired of this...8 years in this apt, and 11 floods, as of today.
: Do I have a hope in hell of prevailing? I'd move, but I live alone and am seriously ill. I haven't the strength to find a new place to live.
: Any input is greatly appreciated.
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