"Summons" sent registered mail to old address

[BillyZ]

What is the name of your state? NY

Here's the background. My sister in-law was sharing an apparment with someone else under a verbal agreement only. Her roommate hosted a party while my sister in law was at work. The cops were called and they were busted for under-age drinking and the landlord evicted them from the apartment. My sister in-law had nothing to do with the party or the drinking.

The girl who was under the rental agreement is sueing my sister in-law for some shared amount of a phone and other utility bill. This isn't argued by my sister in-law. She is also trying to sue for her share of the remaining month's rent as well as "lawn furniture and gardening supplies".

The plaintiff (the girl sueing, right?) had her lawyer send the summons to my sister in-laws OLD address via registered mail. She has not lived there in over a year. Her parents used to live there but no longer live their either. The current resident signed for the registered mail but the letter was never delivered to my sister in-law until after the apparent court date in the summons.

1: Am I right that the plaintiff has no claims to sue for the lawn furniture or gardening supplies? The lawn furniture is not in my sister in-laws possestion. I do not know what it's status is as far as who has it. To my knowledge, the gardening supplies were never part of any agreement or requirement by the landlord.

2: Does the plaintiff have a claim for the remaining rent as the eviction was due to the plaintiff's actions and not my sister in-laws as well as there only being a verbal agreement on the sharing of rent to begin with.

3: The summons was only sent through registered mail, not hand delivered by a bonded curriour. Is this all that is required in small claims court? Whats to stop someone from sending to any random address and claiming the summons was delivered?

4: what can be done to reverse a default judgement (if one was entered) due to the fact the summons was not received by my sister in-law until after the court date had already passed?

Thanks in advance for any advice or direction you can offer.

 

[BillyZ]

does anyone have any opinions, suggestions?

 

[ENASNI]

question

Is this inside the city or without.

http://www.courts.state.ny.us/courts/nyc/smallclaims/startingcase.shtml

The person filling out the statement of claim must be able to explain the reason for the lawsuit, know the amount of the claim, and have the correct name and address, including zip code, of the person or business that is being sued.

The clerk will then send the notice of claim to the defendant by both certified mail and ordinary first class mail. The notice of claim tells the defendant when the case will be tried and gives a brief statement of your claim and the amount of money you are seeking. If the copy of the claim sent by ordinary mail is not returned as undeliverable within 21 days, the defendant is presumed to have received notice even if the claim sent by certified mail has not been delivered.

http://www.tenant.net/Court/Howcourt/sclaim.html#anchor92454

Its a sketchy business, mail. But it can be served that way. Your sister should check with the courts immediatly to see if a judgement has been made against her because there is a time limit for her to appeal.


WHAT HAPPENS IF ONE PARTY DOES NOT APPEAR?
If the claimant does not appear in court when the calendar is called, the case will be dismissed.

If the defendant does not appear, the court will direct an "inquest" (hearing). That means that the claimant will go before the judge or arbitrator to present evidence to prove his or her case without the defendant presenting any evidence. If the claimant's case is proved, a "default" judgment will be awarded against the defendant.
If a default judgment is granted because the defendant did not appear, or the case is dismissed because the claimant did not appear, the losing party may ask the court to re-open the case and restore it for a trial upon a showing of good cause. Contact the clerk for the procedure used to re open the case. The clerk also will set a date when both sides are to return to court.

On the return date, the judge will decide whether to re-open the case. However, both sides should be prepared for trial in the event the case is re-opened.


The contact information should be on the notice. I am curious as to how she finally did receive it. Does she know the people in the old house?

 

[BillyZ]

Is this inside the city or without.

No, this is not NY City. This is all taking place in a small town south of Buffalo.

Its a sketchy business, mail. But it can be served that way. Your sister should check with the courts immediatly to see if a judgement has been made against her because there is a time limit for her to appeal.

I'll be sure the first thing she does is contact someone immediately to file an appeal.

The contact information should be on the notice. I am curious as to how she finally did receive it. Does she know the people in the old house?

Her parents still own the house and are renting it out. It was through that contact she was eventually given the notice. Again, not until the court date had already passed.

Thank you for you replies. If she can get the appeal filed and make it to an actual hearing, do you have any comments or suggestions regarding the individual claims? Particularly the lawn furniture and gardening supplies?

Thanks again!

-Bill