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Ecourts case listing/5 days to answer NP petition

NYC Housing Court Practice/Procedures

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Ecourts case listing/5 days to answer NP petition

Postby Kknyc » Sun Jan 10, 2016 4:09 pm

Can anyone tell me for a rent-stabilized non-payment case, when do the five days to answer the petition begin? I believe that my landlord has started a non-payment case against me, however, I have not received the normal postcard mailed from the court informing me that a case has been started against me. If I haven't been served legally or received a postcard, how do I know when those five days begin or end? How does the court begin counting this time?

I have also searched Ecourts and there does not show a case against me there. When are cases listed on Ecourts? As soon as the case is filed or not until a first court date has been set? If I don't see a case listed at this stage, does it mean there could still be an actual case? I'm confused how the Ecourts database work in that respect.

Tried searching for these answers but couldn't find the specifics I was looking for.
Thank you!
Kknyc
 
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Re: Ecourts case listing/5 days to answer NP petition

Postby TenantNet » Sun Jan 10, 2016 4:37 pm

I don't recall Ecourts ever saying 5 days, but the Notice of Petition of the non-payment case will probably say that.

The 5 day period probably starts from when you are served with the papers. But, in my experience, that's a flexible deadline. I've answered ten days after service in one case and no one said anything. But, you don't want to let it go too far.

I think the postcard would be mailed by the court to you after the LL claims service.

The case should not show up on Ecourts until you answer. (On the other hand holdover cases do show up before service).
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Re: Ecourts case listing/5 days to answer NP petition

Postby Kknyc » Sun Jan 10, 2016 4:45 pm

Thanks for the quick answer! Is there ever a possibility that the court postcard gets lost in the shuffle? It's been almost a week since LL is going to claim service, I believe. But I've still not received a postcard from the court, which has me concerned, as I would think it would have arrived by now.

Also, how soon after non-payment is LL allowed to start a case? Is it 30 or 60 days? I have proof from the bank that the 2 of the 3 months of rent checks I sent were indeed cashed EIGHT days before LL filed the NP case.
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Re: Ecourts case listing/5 days to answer NP petition

Postby TenantNet » Sun Jan 10, 2016 5:04 pm

Anything can get lost in the mail. You can go to the court clerk's office and look up the case, if it exists. If the LL has claimed service, there should be an affidavit of service. Make a copy of that (copy the entire file) and put in an answer - making sure you challenge service and demand a traverse hearing.

The process server will be required to testify as to how process was done. See bottom of https://www.nycourts.gov/courts/nyc/hou ... l#traverse
or just Google "NYC housing court - traverse hearing"

If you're sure a case was filed, then don't wait for the postcard. More important to put in an answer.

For a non-payment, the LL must have sent you a 3-day Notice. See https://www.nycourts.gov/courts/nyc/hou ... case.shtml
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