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Posted by Mark Smith on February 24, 1999 at 13:54:44:

In Reply to: Re: URGENT! Thanks, Mark... posted by John Q on February 24, 1999 at 01:52:32:

As far as the landlord is considered, you have been served, although it may have been improper service. You have to answer within 5 days of the date of the alleged service. Go down to the housing clerk's office and put in your answer, using Anna's instructions.

As part of your answer, plead improper service. If you and the landlord can't come to an agreement, the court will have to hold a traverse hearing to determine if you were properly served. If you don't put in a timely answer, the landlord will get a default judgment against you 10 days after the alleged service. With the 1997 changes in the housing laws, getting an order to show cause and vacating a default judgment are much more difficult.

: Thank you for the quick response,Mark. It is a load off my mind. I wonder if he will actually serve me? And if he doesn't, how will the court know? Can he win a judjment?
: Thanks again!

: : You are overreacting. You have five days from the date of service to answer. Conspicuous placement service is complete on the date of mailing of the papers by regular mail and certified or registered mail. The papers should have been affixed to the door or slipped under the door, after the process server made reasonable efforts to effect personal service.

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Comments:
: As far as the landlord is considered, you have been served, although it may have been improper service.  You have to answer within 5 days of the date of the alleged service.  Go down to the housing clerk's office and put in your answer, using Anna's instructions.  

: As part of your answer, plead improper service.  If you and the landlord can't come to an agreement, the court will have to hold a traverse hearing to determine if you were properly served.  If you don't put in a timely answer, the landlord will get a default judgment against you 10 days after the alleged service.  With the 1997 changes in the housing laws, getting an order to show cause and vacating a default judgment are much more difficult.

: 
: : Thank you for the quick response,Mark. It is a load off my mind. I wonder if he will actually serve me? And if he doesn't, how will the court know? Can he win a judjment?
: : Thanks again!

: : : You are overreacting.  You have five days from the date of service to answer.  Conspicuous placement service is complete on the date of mailing of the papers by regular mail and certified or registered mail.  The papers should have been affixed to the door or slipped under the door, after the process server made reasonable efforts to effect personal service.


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