Posted by Mark Smith on March 11, 1999 at 09:30:07:
In Reply to: Must marshal hand me the eviction notice? posted by In Hells Kitchen Waiting for ToGo on March 11, 1999 at 01:49:19:
The marshal or someone serving the papers for him/her does not have to serve you personally with the notice of eviction. It has to be served in the same manner as the notice of petition and petition [RPAPL §749, §735]. After reasonable application to effect personal service, the process server can use substituted service or conspicuous placement service.
The time for eviction has been extended from 72 hours from the time of service of the notice of eviction to 6 days from the date of service, to allow for mailing of the notice of eviction (by regular mail and by certified or registered mail). The notice of eviction is rarely served personally, and, in the past, if the tenant did not get the copy purportedly posted on the apartment door, the 72 hours might have expired and the marshal might have already evicted the tenant by the time a copy arrived in the mail.
: A warrant has been issued (I checked at the clerks office) but can he just show up when i'm out of town and toss my stuff or must he personally serve me the papers? I'm in Hells Kitchen
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