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Posted by DK on October 30, 1999 at 20:14:12:

In Reply to: Didn't show up for court posted by JP on October 24, 1999 at 10:52:39:

: I live in a two family house in NYC. A few days before my husband and I were to appear in court we realized that my name was spelled incorrectly. We decided not to go to court based on that. I'm not sure what happened in court on that day but can the LL still have us evicted? We were not served personally and the notice of petition was attached to our door.

The landlord probably obtained a default judgment against you. You better go to the courthouse and take out an order to show cause which seeks to dismiss the case for improper service. Make sure that the affidavit which the clerk helps you to prepare is very specific that you were not properly served, otherwise you've waived that defense!

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: : I live in a two family house in NYC. A few days before my husband and I were to appear in court we realized that my name was spelled incorrectly.  We decided not to go to court based on that.  I'm not sure what happened in court on that day but can the LL still have us evicted?  We were not served personally and the notice of petition was attached to our door.  

: The landlord probably obtained a default judgment against you. You better go to the courthouse and take out an order to show cause which seeks to dismiss the case for improper service. Make sure that the affidavit which the clerk helps you to prepare is very specific that you were not properly served, otherwise you've waived that defense!


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