If I’m about to get sued for a non-payment on a rent and I need a few weeks to get caught up, should I let my landlord’s lawyer serve me with the summons papers?

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If I’m about to get sued for a non-payment on a rent and I need a few weeks to get caught up, should I let my landlord’s lawyer serve me with the summons papers?

Or should I avoid getting served the papers? Would that change the date of the court hearing? In which ways I could gain some time to be able to pay before getting evicted? I just need a few more weeks to be able to catch up and pay back. I have a 1 year lease.

Asked on October 11, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There really is no legal way to avoid service--they do not need to serve you personally for an eviction proceeding, but can serve you at your place of residence (e.g. by mail and certified mail to that address), which clearly they know.

Eviction proceedings are meant to be streamlined, fast, and efficient--it's not easy to lawfully delay them. Your best bet is likely to discuss the situation with the landlord and try to voluntarily enter into a stipulation of settlement--a payment plan or other agreement that will give you the time you need.


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