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Which Address do I list for plaintiff on small claims

Highland, NY |

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

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Attorney answers 2


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.

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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.

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