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Deceptive Summons Delivery

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Nu2Jersey

Junior Member
What is the name of your state? New Jersey.

Hello All,

This is my situation:

I've been to court 3 times on one issue (3 Marini hearings). The last trial was in September. I'd been withholding my rent since January because the previous tenant had a pet they allow to go to the bathroom in the master bdr and the subflooring was maintainng the odor. I've not once slept in the bdr since I moved in OCT05. The I had to be paid in full before I could have the last hearing (paid in full thru Sept06).

we had the trial, the Judge gave his ruling around the first week of OCT06. I started back paying rent to the Landlord the last week of OCT06. I paid the full month of OCT06 as well as the full month of NOV06. The landlord was really mad that I would take them to court (this was after attempting to deal with the situation from Sept05 - Jan06).

The main problem:

I have stay on the second floor of a two story apartment. I have 2 doors; a front door and a back back door where my car is parked (parking lot). I can count the times on one hand that I've used the front door (the landlord knew this). The mailbox is in the front, however I still don't use the front door to get my mail (I check my mail approx. once a week). I checked my mail the week of 15DEC06 atleast Tuesday (16). There was no summons tacked to my door. On 18DEC06 I decide to check my mail via the front door. When I open the front door I see a summons tacked to the door jamb stating there was a trial the privous Friday (15DEC06). The Past 3 trials I got a card from the court stating I had to be in court. This time I got nothing. At this point I've missed the trial I was not aware of and a judgment of possision has been entered against me.

On the summons:

It is stating I didn't pay my Nov06 rent as well as my monthy rent is higher by approx $43, and I own late fees as well as attroney fees. The judge in the ruling stated there would be "NO FEES". I have my bank record showing I paid and they cashed my rent check (of which it states on the check that the rent is for OCT & NOV). It states in my lease that my rent is $43 less than what the put on the filing for the summons.

Is this fraud?

Do I have any recourse?

Thanks

Need help quick

Nu2Jersey

PS: in the mean time I've paid and they've cashed my Dec06 rent check.
 


PghREA

Senior Member
It is pretty much YOUR responsibility to check your mailbox and front entrance for deliveries.

I never go in my front door but, I do open it daily to check for anything that might be there.
 

Nu2Jersey

Junior Member
It is pretty much YOUR responsibility to check your mailbox and front entrance for deliveries.

I never go in my front door but, I do open it daily to check for anything that might be there.
I got nothng in the mail from the court. Even though I check my mail once a week. I got nothing from the court. This was the second time the court neglated to send me pertinet documents.

So there is nothing that can be done to the landlord for filing with false information?
 

Nu2Jersey

Junior Member
Re: Deceptive Summons Delivery And Now Eviction...

I got my eviction notice Friday. This time they posted the notice on the door to my apartment. I was told since I have all my photo copied checks (cashed by the landlord) and I have my lease stating my rent is lower than what they stated it is. I can file a "show cause" to stop the eviction and prove to the court they filed fraudulantly.

Anybody... does this sound right?
 

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