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?
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.
Family Law Attorney
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.
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