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Which Address do I list for plaintiff on small claims

Highland, NY |
Filed under: Lawsuits and disputes

Should I use address of County Jail when I do not know how long he will be held or Use my own address which was/is(is) legal address of plaintiff until today.

Tenant was consistently back due, made arrangements to pay. Was arrested and currently incarcerated. Same day off arrest he sent family to claim property, Lease runs through July. This is a Sublet of a room in a house, Written agreement with receipts issued. There is damage to room and furniture.Tenant was given cell phone to use and payment for this was outlined in contract. The cell phone was to be returned as of march 25th at tenants request. There is a small window of time for phone to be returned or face termination fee. This arrangement is in writing as well. Phone presumed in tenant's possession at time of arrest. Seeking bac

Attorney Answers 2


  1. The address is not nearly as important as showing proof of service (i.e. that you had a process server personally serve him with the summons and the claim). Since you need to have a Court evict him (you can't just evict him yourself), I would continue listing "your" address.

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.


  2. A agree. Proof of service is more important than address on the summons. As long as you have the last known address, you should be okay.

    Are you in small claims or landlord tenant court? Small claims typically serves the respondent based upon the address you provide. By contrast, you must find a process server to serve process in landlord tenant court. Either way, the respondent must be served in accordance with the rules of your court.

    The author of this posting is a lawyer licensed to practice law in the State of New York. He specializes in litigation matters relating to personal injury, construction accidents, auto accidents, slip and fall, dog bite, contract litigation, property litigation, civil rights, ERISA, and Social Security matters in federal, state and local courts, with a focus on courts in Staten Island, Manhattan, Brooklyn, Queens and the Bronx. This posting is intended as general information only, is not provided as legal advice in connection with any specific case, and should not be construed to create an attorney-client relationship. For more information about me, see http://www.avvo.com/attorneys/10314-ny-gaetano-parrinello-1897122.html?ref=header

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