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Improper service of Notice of Petition Holdover?

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Improper service of Notice of Petition Holdover?

Postby SoonToBeHomeless » Sat Oct 18, 2014 2:59 pm

So I awoke Thursday morning to three copies of a Notice of Petition Holdover taped to my door. I was never personally served, not was it given to a member of my household. It appears based on a fact sheet that I read that "conspicuous service" requires:

The person serving the notice of petition
and petition must come to your apartment at least two times to try
to give those papers to you in person or to someone who lives or
works at your apartment.Those two attempts must be at different
times of the day, usually one time during working hours and one
time during when people don’t work. After those two attempts,the
person serving the notice of petition and petition can tape one copy
to your door or put it under your door. By the next day, excluding
weekends and certain holidays,two other copies of the notice of
petition and petition must be mailed to you. One copy mailed by
regular mail and one copy mailed by registered or mail.
"


Now I didn't receive any mail on friday from the process server. Does the "next day" mean post marked or does it have to be delivered to me by the next day? I think it's interesting that he taped three copies to my door as if that will suffice for the three versions necessary to fulfill proper service (but obviously not correctly) Thanks!
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Re: Improper service of Notice of Petition Holdover?

Postby TenantNet » Sat Oct 18, 2014 7:14 pm

First, don't freak out. What you describe is normal. For a suit in Housing Court, the LL can server tenants either by:

1) personal service - giving it to you, or
2) substitute service - giving it to someone in your household, or
3) conspicuous service - after two attempts at personal service, they can affix it to your door, then they must send it by both regular and certified mail to all persons named as respondents (including John and Jane Does). So if the caption mentions you, plus John Doe and Jane Doe, then you should get three certified letters and three regular letters.

You probably got three versions taped to your door as thye caption included the Doe's.

It's quite common for process servers to omit the last step. The next day means it must be sent (not received).

But at least you have the copies taped to your door. You can now check the docket number at https://iapps.courts.state.ny.us/housing/ - check this periodically.

After a few days, if you haven't received the mailed versions, you can check the file at the court and look for the affidavit of service, which the process server is required to file, and will likely have the certified mail numbers. Check those with USPS tracking to see a) if they were in fact mailed, and if they were delivered.

If it wasn't done properly, then you can raise this with your defense when you put in an answer and demand a Traverse Hearing, where the LL and process server must prove they did things properly. If not, then the court will lack personal jurisdiction and should dismiss the case.

Of course the LL will bring the case again, but this will give you some time.
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Re: Improper service of Notice of Petition Holdover?

Postby SoonToBeHomeless » Mon Oct 20, 2014 1:21 pm

Thanks alot!
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Joined: Sat Oct 18, 2014 2:45 pm


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