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landlord assaulted

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mc131

Junior Member
What is the name of your state? NY JUST HAD TO EVICT TENANTS AT A PROPERTY MY SON AND I OWNI . THE MARSHALL SERVED PAPERS AND WE GAVE THEM 3 HOURS TO MOVE THINGS WHEN WE CAME BACK TO ASK HOW MUCH LONGER THE TENANT SLAMMED THE DOOR WE WERE OUT ON THE PORCH TO CONTACT THE POLICE AS THEY HAD TOLD US EARLIER TO DO IF TENANT WOULD NOT SURRENDER PROPERTY. TENANT CAME OUT WITH A GOLF CLUB DRIVER AND CAME UP BEHIND MY SON WHO HAD HIS BACK TO HER AND SHE HIT HIM HARD IN THE BACK. WHEN THE POLICE CAME THEY VERIFIED THE INJURY BUT SAID IT WAS HARRASSMENT AND HE COULD GO DOWN TOWN TO PRESS CHARGES THE NEXT DAY. IF HE HAD DONE THE SAME THING I AM SURE HE WOULD HAVE BEEN ARRESTED. WHAT IS ASSAULT AND WHAT IS HARRASMENT. WE WILL BE SUING FOR DAMAGES TO THE PROPERTY. SHE HAS MADE NUMEROUS THREATS TO HIS LIFE BESIDES SLANDERING ME THREE CARS AND MANY ITEMS REMAIN ON THE PROPERTY AND THE TENATS HUSBAND STILL HAS KEY TO GARAGE WITH CAR AND ITEMS IN GARAGE ARE WE STILL RESPONSIBLE TO HOLD THESE ITEMS???:mad: :mad:
 
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outonbail

Senior Member
mc131 said:
What is the name of your state? NY JUST HAD TO EVICT TENANTS AT A PROPERTY MY SON AND I OWNI . THE MARSHALL SERVED PAPERS AND WE GAVE THEM 3 HOURS TO MOVE THINGS WHEN WE CAME BACK TO ASK HOW MUCH LONGER THE TENANT SLAMMED THE DOOR WE WERE OUT ON THE PORCH TO CONTACT THE POLICE AS THEY HAD TOLD US EARLIER TO DO IF TENANT WOULD NOT SURRENDER PROPERTY. TENANT CAME OUT WITH A GOLF CLUB DRIVER AND CAME UP BEHIND MY SON WHO HAD HIS BACK TO HER AND SHE HIT HIM HARD IN THE BACK. WHEN THE POLICE CAME THEY VERIFIED THE INJURY BUT SAID IT WAS HARRASSMENT AND HE COULD GO DOWN TOWN TO PRESS CHARGES THE NEXT DAY. IF HE HAD DONE THE SAME THING I AM SURE HE WOULD HAVE BEEN ARRESTED. WHAT IS ASSAULT AND WHAT IS HARRASMENT. WE WILL BE SUING FOR DAMAGES TO THE PROPERTY. SHE HAS MADE NUMEROUS THREATS TO HIS LIFE BESIDES SLANDERING ME THREE CARS AND MANY ITEMS REMAIN ON THE PROPERTY AND THE TENATS HUSBAND STILL HAS KEY TO GARAGE WITH CAR AND ITEMS IN GARAGE ARE WE STILL RESPONSIBLE TO HOLD THESE ITEMS???:mad: :mad:
Your post is somewhat confusing. You stated that the Marshall just served them papers today? This would then be the first step in the eviction process. The papers should list a court date that the tenants can appear and contest the eviction. So you would have to wait until after the hearing, where providing you prevail, the Judge will set a date on which the tenants have to surrender the property over to you.

Now if you've already gone through this and the day for them to surrender the property was today and that is why the Marshall was there (to physically evict the tenants as per the court order) then you don't have to wait another minute.

However, seeing how the police said something about harassment, I would assume you have just began the process by having the papers served, so you'll have to wait until the end of the eviction process until you are allowed to enter the home.

The police should have arrested the woman who hit your son with the golf club for assault. That is, if it went down just as you claim,,,,,,

These people sound like some real nuts, so it's probably best to stay away until the date they have to surrender the property to you. This way the Marshall will do the dirty work and I can assure you if they hit the Marshall with a golf club they'll lose more than a stroke!

BTW, for any future posts,,, PLEASE turn your caps lock off!
 
outonbail said:
Your post is somewhat confusing. You stated that the Marshall just served them papers today? This would then be the first step in the eviction process. The papers should list a court date that the tenants can appear and contest the eviction. So you would have to wait until after the hearing, where providing you prevail, the Judge will set a date on which the tenants have to surrender the property over to you.

Now if you've already gone through this and the day for them to surrender the property was today and that is why the Marshall was there (to physically evict the tenants as per the court order) then you don't have to wait another minute.

However, seeing how the police said something about harassment, I would assume you have just began the process by having the papers served, so you'll have to wait until the end of the eviction process until you are allowed to enter the home.

The police should have arrested the woman who hit your son with the golf club for assault. That is, if it went down just as you claim,,,,,,

These people sound like some real nuts, so it's probably best to stay away until the date they have to surrender the property to you. This way the Marshall will do the dirty work and I can assure you if they hit the Marshall with a golf club they'll lose more than a stroke!

BTW, for any future posts,,, PLEASE turn your caps lock off!
I respectfully disagree with outonbail. Based on the facts given, there was no assault. There was, however, a battery.
 

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