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Posted by satori on March 15, 1999 at 00:04:08:

In Reply to: Re: process servers: my questions were.... posted by Lou on March 14, 1999 at 23:46:25:

Well go ahead and put that in your counterclaims.As well as the things I said earlier put as much as you can
in your counterclaims.But I am not a lawyer
1.not served according to statute so there claim should be withdrawn.

I don't think there are sample counterclaims on the internet.

I asked my lawyer the same thing about trial and pretial the
procedure I'm now in. he said the whole thing is the trial.

Oh it always better to have a judge rather then a mediator.You can request that you do not
want a mediator, but the judge to hear your case.Tenant, net, I think
will tell you how to answer, if you want a judge. Did you go to Nolo Press yet click the link below
They have all kinds of landlord tenant infomation for non-lawyers

: Forgot to say: after receiving the rent demand, I sent a registered letter RRR to the landlord.

: Here's the question again:

: I'm new to the NYC Housing Court scene and have a couple of questions about service of
: papers.

: The affidavits for my rent demand and petition both list only one attempt prior to conspicuous
: place service. in fact, there is only room for one attempt on the preprinted form.

: First, aren't they required to make two actual attempts and deliver them on a separate third try?
: The cases in the HC section seem to back this up.

: Second, both lied about the only attempt: no way they were here within a three hour window of
: the hours on those days: is lying common? I got the impression that 'sewer service' was a thing
: of the past.

: Third, I just read that the marshall doesn't deliver his own warrants, see link to message, does
: he use the same process servers that landlords use? Scary thought...

: Fourth, I've been warned that all oral answers go to Resolution Part instead of Pre-Trial Part Y
: because the preprinted form includes service problems, incorrect information on the petition,
: and defenses/counterclaims. There were no preprinted Pre-Answer Motion to Dismiss, nor any
: other kind of Motion, with the clerk or with the pro se. Are there samples somewhere on the
: internet? I only have until Tuesday and I don't want to risk losing any defenses/counterclaims. I
: thought I would have time to see a counselor at a weekly neighborhood tenant group: I did not
: realize that the '5 days to answer' were CALENDAR days: they should be business days.

: The case? simple: landlord did not offer a rent stabilized renewal lease but is billing as if he did;
: I've paid the full amount of the old lease. Now I have to take at least two days off work to deal
: with this: one to answer, a second to see a judge. He should pay for this, not me.

• Nolo

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Comments:
: Well go ahead and put that in your counterclaims.As well as the things I said earlier put as much as you can
: in your counterclaims.But I am not a lawyer
: 1.not served according to statute so there claim should be  withdrawn.

: I don't think there are sample counterclaims on the internet.

: I asked my lawyer the same thing about  trial and pretial the
:  procedure I'm now in. he said the whole thing is the trial.

: Oh it always better to have a judge rather then a mediator.You can request that you do not 
:  want a mediator, but the judge to hear your case.Tenant, net, I think 
:  will tell you how to answer, if you want a judge. Did you go to Nolo Press yet click the link below
:  They have all kinds of landlord tenant infomation for non-lawyers



: : Forgot to say: after receiving the rent demand, I sent a registered letter RRR to the landlord.

: : Here's the question again:

: : I'm new to the NYC Housing Court scene and have a couple of questions about service of
: : papers.

: : The affidavits for my rent demand and petition both list only one attempt prior to conspicuous
: : place service. in fact, there is only room for one attempt on the preprinted form.

: : First, aren't they required to make two actual attempts and deliver them on a separate third try?
: : The cases in the HC section seem to back this up.

: : Second, both lied about the only attempt: no way they were here within a three hour window of
: : the hours on those days: is lying common? I got the impression that 'sewer service' was a thing
: : of the past.

: : Third, I just read that the marshall doesn't deliver his own warrants, see link to message, does
: : he use the same process servers that landlords use? Scary thought...

: : Fourth, I've been warned that all oral answers go to Resolution Part instead of Pre-Trial Part Y
: : because the preprinted form includes service problems, incorrect information on the petition,
: : and defenses/counterclaims. There were no preprinted Pre-Answer Motion to Dismiss, nor any
: : other kind of Motion, with the clerk or with the pro se. Are there samples somewhere on the
: : internet? I only have until Tuesday and I don't want to risk losing any defenses/counterclaims. I
: : thought I would have time to see a counselor at a weekly neighborhood tenant group: I did not
: : realize that the '5 days to answer' were CALENDAR days: they should be business days.

: : The case? simple: landlord did not offer a rent stabilized renewal lease but is billing as if he did;
: : I've paid the full amount of the old lease. Now I have to take at least two days off work to deal
: : with this: one to answer, a second to see a judge. He should pay for this, not me. 


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