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Posted by Jim on November 10, 1999 at 17:22:54:

A prior owner had a judgment for a non payment case but then sold the building
before getting a warrant of eviction. To make things gp faster for the new owner,
the old owner got a warrant under his name which made the warrant defective with
an improper party listed as owner since only the new owner was entitled to get
possession. The old owner no longer had a right to get a warrant, but did it
anyway. The Department of Investigation stopped the eviction. The new owner made
a motion to become a party to the non payment which was granted even though the
new owner didn't have a proper MDR. The judge in the case also improperly
ordered that the same defective warrant with the old owner's name be re-served
forthwith which again was stopped by the Dept. of Investigation who opened a
complaint.

Can the new owner get another marshal to get a new warrant in their name, ignoring
the complaint with the Dept. of Investigation? Would they have to requisition a
new warrant if a new marshal came into the case if that were the fact, would the
record of who the new marshal is have to be in the court file? I think the
new owner will try to conduct an eviction without service to the apartment,
considering how illegally they have gone about this case up until now.

Jim

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Comments:
: A prior owner had a judgment for a non payment case but then sold the building
: before getting a warrant of eviction. To make things gp faster for the new owner,
: the old owner got a warrant under his name which made the warrant defective with
: an improper party listed as owner since only the new owner was entitled to get 
: possession. The old owner no longer had a right to get a warrant, but did it 
: anyway. The Department of Investigation stopped the eviction. The new owner made
: a motion to become a party to the non payment which was granted even though the 
: new owner didn't have a proper MDR. The judge in the case also improperly 
: ordered that the same defective warrant with the old owner's name be re-served
: forthwith which again was stopped by the Dept. of Investigation who opened a 
: complaint. 

: Can the new owner get another marshal to get a new warrant in their name, ignoring
: the complaint with the Dept. of Investigation? Would they have to requisition a
: new warrant if a new marshal came into the case if that were the fact, would the
: record of who the new marshal is have to be in the court file? I think the
: new owner will try to conduct an eviction without service to the apartment, 
: considering how illegally they have gone about this case up until now.

: Jim


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