What is the latest time a process server can come to my home? How to avoid them? What is the youngest person they can hand paper

Asked about 1 year ago - Shirley, NY

My mother is going to be served eviction papers soon. We want to avoid the process server. How can we avoid them? I'm only 17 can they serve me the papers?
The reason for eviction is rent payment. However, our landlord would not let us use the kitchen or washer/dryer, and broke into our apartment to steal our cable box. This apartment is considered an illegal apartment, due to the fact that it has no kitchen. She has also broken our verbal agreement, and has harassed us from the week after we physically moved in.
We are not trying to cause a problem, however, we can not pay rent at this time due to a job situation, and she has threatened to short sell the house from under us.
At this point we are waiting to be evicted but, can you explain how to avoid this?

Attorney answers (4)

  1. Daniel H. Richland

    Contributor Level 13

    1

    Lawyer agrees

    Answered . No one on Avvo is going to advise you to avoid service. In an L&T case, they can serve via "nail and mail" at your residence, so will you get served. As for being underage, you are likely a person of suitable age and discretion, so service on you would likely be proper in any event. As a minor, you won't be a party to the action.

  2. Paul Karl Siepmann

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The problem you have is that you're running up against the maxim "Don't pay, can't stay." Avoiding answering the door will only result in nail and mail service. Your mother has to be proactive at finding help through Social Services and or family. The Petition will be taped to the door and mailed to her. She should go to court and tell the Judge she can't afford a lawyer (I assume she's unemployed) and would like to see if Nassau-Suffolk Law Services can help her. Good luck.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    Answered . Just accept service and go to court.

    Good luck.

  4. Keith H. Weidman

    Contributor Level 6

    Answered . No attorney may assist you in such endeavor. But at a consult he can tell you what due date for service to occur in any court.

    This is not legal advise. Office visit for a free consult is needed.

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