Posts made in December 2017

Eviction Tips For Landlords For Non-Payment Cases

The Demand for Rent

Before the case can be started, the landlord or someone working for the landlord, must demand the overdue rent from the tenant and warn the tenant that if the rent is not paid, the tenant can be evicted. The landlord may tell the tenant this in person or in writing. If the tenant is told in person, the “demand” must be specific and include the months and amount due. For example, the landlord might say, “You owe the rent for June, July and August at $900.00 per month, for a total of $2700.00. Are you going to pay?”

However, If the lease requires that this kind of demand be given in writing, then it must be in writing. If it is in writing, the rent demand must be delivered to the tenant at least three days before the day the court papers are served, unless the lease requires more days.

If you are a landlord with a one or two family house, or a building with fewer than five apartments, or own a coop or condo, the New York State Courts Access to Justice Program has a free DIY (Do-It-Yourself) computer program to help you make a written Rent Demand. Or you can buy a Rent Demand form at a legal stationary store, like Blumberg.

Filing For An Order of Custody, What You Need To Know

What is an Order of Custody

An order of custody gives responsibility for the care, control and maintenance of a child to one or both of the child’s parents or to another party.

Who May File a Petition for an Order of Custody?

A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody. A copy of the petition and a summons must be served upon (delivered personally to) the person or parties who presently have custody of the child. If the child’s parents are separated and one parent seeks a custody order, that parent must have the papers served upon the other parent. If a non-parent is seeking custody of the child, then both of the child’s parents must be served.  Generally, this means hiring a professional process server agency. The process of how to determine which Process Server Agency to call, and then how to figure out if they’re the right fit for your case is sure to be an important one, and there can be no doubt that you want to get it right.  There are a couple of things that you should keep in mind as you look for the Process Server Agency that is right for you.  First, your Process Server Agency should be familiar with family court documents. Taking advantage of a Free quote can be a great way to get a feel for what the process server agency can offer you, and whether or not they treat you as a person or case number.  This idea of being more that a case number is important because it can change the way the Process Server Agency handles your case.  This is so often the case because they have a feel for the struggles of that given area, and are invested in the well being of the people who seek out their help.  If you’ve been less than impressed by a Process Server Agency, you should feel free to find a different Process Server Agency without feeling guilty.  You are a person of worth, and your Process Server Agency should recognize this and treat you accordingly. Your case is individual, and your Process Server Agency should treat it as such.  By using the knowledge and experience that they have gained in cases similar to yours, Your Process Server Agency should be able to give you useful information as you proceed through whatever legal steps your case requires.

New York Civil Court – Landlord Tenant

In addition to the main civil division of the Court, and the Small Claims Part, the Civil Court of the City of New York has a Housing Part devoted to actions and proceedings involving the enforcement of state and local laws for the establishment and maintenance of housing standards. The Housing Part has jurisdiction of summary proceedings, and in addition to judgments of possession, can award a judgment for rent in any amount.

The kinds of cases filed in the Landlord-Tenant Housing Part Office and decided in the Housing Court, include the following:

1. Residential Holdover Proceedings

2. Residential Non-Payment Proceedings

3. RPAPL Section 7A actions

4. Post-Eviction proceedings

5. Housing Part Proceedings (HP)

What Is Child Support And How Is It Calculated?

New York law says that children are entitled to share in the income and standard of living of both parents. Child support is the money that the non-custodial parent pays to the custodial parent if the child is under 21. Child support is based on a strict formula. See the Child Support Standards Chart.  Child support may be awarded by the Supreme Court as part of a divorce, or in Family Court as part of a child support proceeding.

How does a court calculate child support?

First, the court determines each parent’s net income. Net income is gross income minus certain deductions, such as FICA, NYC income tax, Yonkers income tax, spousal support and child support paid for other child(ren). Second, the court adds the parents’ net income together and multiplies that number by a percentage, depending on how many children they have:

Did You Know……

There are seven (7) grounds, legally acceptable reasons for a divorce in New York State?

1. irretrievable breakdown in relationship for a period of at least 6 months

This ground is usually called a no-fault divorce. To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled.

2. cruel and inhuman treatment

To use this ground, the judge will be looking for specific acts of cruelty that happened in the last five years. It is not enough that you and your spouse had arguments or did not get along. The cruelty must rise to the level that the Plaintiff is physically or mentally in danger and it is unsafe or improper for the Plaintiff to continue living with the Defendant.

3. abandonment

To use this ground, the spouse must have abandoned the Plaintiff for at least one year or more. Two examples of abandonment: where the spouse physically leaves the home without any intention of returning or where the spouse refuses to have sex with the other spouse, this is called “constructive” abandonment.

4. imprisonment

To use this ground, the spouse must have been in prison for 3 or more years in a row. The spouse must have been put into prison after the marriage began. The Plaintiff can use this ground while the spouse is in prison or up to 5 years after the spouse was released from prison.

How Do I Serve A Order of Protection?

The summons with notice, petition for an order of protection and temporary order of protection must be personally served (handed to) the respondent. Generally, this means hiring a professional process server agency. The process of how to determine which Process Server Agency to call, and then how to figure out if they’re the right fit for your case is sure to be an important one, and there can be no doubt that you want to get it right.  There are a couple of things that you should keep in mind as you look for the Process Server Agency that is right for you.  First, your Process Server Agency should be familiar with divorce & family court documents. Taking advantage of a Free quote can be a great way to get a feel for what the process server agency can offer you, and whether or not they treat you as a person or case number.  This idea of being more that a case number is important because it can change the way the Process Server Agency handles your case.  This is so often the case because they have a feel for the struggles of that given area, and are invested in the well being of the people who seek out their help.  If you’ve been less than impressed by a Process Server Agency, you should feel free to find a different Process Server Agency without feeling guilty.  You are a person of worth, and your Process Server Agency should recognize this and treat you accordingly. Your case is individual, and your Process Server Agency should treat it as such.  By using the knowledge and experience that they have gained in cases similar to yours, Your Process Server Agency should be able to give you useful information as you proceed through whatever legal steps your case requires. Any person over eighteen years old, except you, may serve these papers. 

For more information on serving family court documents visit www.undisputedlegal.com or call 1-800-774-6922 Open Monday-Friday 8am.-8pm. When you want it done right the first time contact undisputedlegal.com

Domestic Violence Affects Us All

Domestic violence is a pattern of abusive behavior by an intimate partner where the abuser exerts power and control over the victim. Domestic violence does not have to be physical violence. It also includes mental, economic or sexual violence. Anyone can be a victim of domestic violence regardless of race, gender, sexual orientation, faith or socio-economic background. Domestic violence also knows no age limits. Although the signs of abuse in older people can be similar to those seen in younger people, some signs may be unique to challenges that elders face. 

Domestic Violence in this country is pervasive. In fact, 1 in 4 women will experience domestic violence in her lifetime. 15.5 million children in the United States live in families where domestic violence was perpetrated in the past year. 1,600 women were murdered by an abusive partner last year.

How To Enforce A Money Judgement

When a judgment is entered in the Civil Court it is enforceable for a period of twenty years for money only, it is not a lien against real property. Nor is a judgment entered in one county a lien on real property in any other county. If a judgment-creditor wishes to enforce a judgment against real property, he or she must follow the procedure below for “transcripting” the judgment.

A transcript is a paper containing the essential information of the judgment, certified by the clerk in the county where the judgment is entered.

The judgment-creditor must apply to the clerk of the court in which the judgment was entered for a transcript and then file the transcript with the county clerk of the county in which the court is located (the home county). To find out the fee for filing a transcript of judgment, click on court fees. The judgment then becomes a realty lien in that county.

In order to make the judgment a lien in other counties, a judgment-creditor must ask the county clerk in the home county to issue a transcript of judgment and then file the transcript with the county clerk of any other county within the state where the judgment-debtor owns property. A judgment-creditor may have as many transcripts issued by the home county clerk as he or she requests for filing in multiple counties. There is a separate fee for each transcript issued. To find out the fee for issuing a transcript of judgment, click on court fees.

For more information visit www.undisputedlegal.com or call 1-800-774-6922 Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact  Undisputedlegal.com

What is a paralegal and what do they do?

The most common areas in which people use paralegal services are landlord/tenant, collection, foreclosure, investigation, resolution services, and more..

Paralegals are legal agents who can perform many legal services for you and appear as your advocate in certain courts, the Immigration/Refugee Board,before the Provincial Offenses Courts and Small Claims Courts on your behalf.

Going to court is a very expensive proposition at the best of times. Paralegals can help you reduce litigation costs and problems while saving you money.

Paralegal have experience in the proper presentation of evidence in court and advocacy, negotiation, mediation and arbitration skills.  They are skilled in legal research and legal writing which together with their actual court and tribunal appearances equip them to assist you with your matter.  They are very conversant with the ever changing rules, procedures and court forms in their areas of practice.