Legal Question in Landlord & Tenant Law in New York

How to serve defendant?

I and my wife have recently moved from new york to north carolina. unfortunately, the landlord back in new york refuses to return security deposit. the question is: we will take her to small claims, but she only has a PO box and refuses to reveal her address. What can we do to properly serve her?


Asked on 11/04/04, 5:21 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: How to serve defendant?

This is an easy question. If the money at issue is less than 5,000 dollars, then:

1) give a friend 'power of attorney' to handle the matter.

2)deliver to your friend a notarized statement of the facts of the case

3) have your friend file in small claims court in the appropriate borough

4) request the court serve both the building super/management company and the po box

5) make sure the friend shows up personally for the scheduled court time and accept arbitration

That is a cost-effective and legally effective means of getting a judgment from the court. The judgment must still be collected, however.

I would charge about 250 dollars to prepare the documents and make 2 court appearances. I can be contacted by email or at 914-576-0912/646-591-5786.

Over 5,000 dollars would require an action in Civil Court, and could be handled for 500 dollars (requires formal complaint, motion for judgment, and service of each document). If the action is defended vigorously, then I will have lost money on this case. But I do not expect that.

Andrew Nitzberg

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Answered on 11/04/04, 8:06 pm


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