Posted by JJ on June 09, 1999 at 18:05:46:
I just got back from Housing Court and I am %?$ !!!
I did an oral answer to a non-payment petition.
First: the clerk ridiculed me because my rent is below $650, below 125st in Manhattan Valley, said: 'why don't you just pay your rent, it's only one month's rent'
(hey: when I moved in, it was a drug-infested block with gang-shootings on the corner... they're lucky anyone rented this apt. Rents have tripled in the last five years, but the LL's expenses have not: he bought the building for $86,000 in 1986. The LL's a rat, and my kitchen has mice.)
Then: I told him that I only received the mail part of the Nail&Mail service for both the rent demand and the petition, and I wanted to plead improper service of both, he said: 'well, you got one of each, so you were served.' DUH! I got the mailed petition the night before the deadline for answer-or-get-defaulted!
I asked him to write the improper service of the rent demand on the answer (there is no pre-printed section for that, only for the petition): he did not do it.
I told him that there were more defects on the petition than were not listed on the form,(registrations) but he wrote nothing about them, either.
Did I lose personal and/or subject jurisdiction because of this inadequate form and the clerk's refusal to alter it? Can I fix it without a lawyer? From what I understood last time, it is never too late for some types of subject jurisdiction complaints, but personal can be lost the first time you enter the building.
ps: I'm not really clear on what is personal and what is subject: e.g. lack of or improper service is personal, but defects or false statements on the is subject?
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