New York Notice of Petition

State:
New York
Control #:
NY-6JD-81
Format:
PDF
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Description

Notice of Petition

A New York Notice of Petition is a legal document used in New York State courts to initiate a civil lawsuit. It must be served to the defendant, and it notifies them that they are being sued in court. It also informs them of the deadline for filing an answer or other responsive pleading. There are two types of New York Notice of Petition: Summons and Complaint, and Summons with Notice. A Summons and Complaint is a two-part document that includes both the summons and the complaint. The summons provides the defendant with the facts of the case and the complaint outlines the plaintiff's claims. The Summons with Notice combines the summons and complaint into one document. It also includes a notice that the plaintiff is seeking a specific remedy, such as money or property. Both types of Notice of Petition must be served on the defendant, either in person or by mail.

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FAQ

The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.

You may answer in writing by using a free Civil Court form, or your own form. You may come to the clerk's office and request a Landlord/Tenant Answer In Writing And Verification form from the clerk at the counter. You will be given two duplicate copies of this form.

A Notice of Petition and Petition initiates an action by a Petitioner and is to be served in the same manner as a Summons and Complaint. A Request for Judicial Intervention must accompany the documents. There is a return court date for Respondents by which they must answer.

A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.

Overview. In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

14 DAY NOTICE: The 14 day notice must state the amount of the rent due and the period of time for which the amount is due, together with a demand that the total amount be paid within 14 business days after service of the notice. The date of service, Saturdays, Sundays and holidays are excluded.

A: A marshal must serve the tenant with a Notice of Eviction, before the eviction. Simply stated, this means that the marshal must wait at least three (3) business days after service of the Notice of Eviction before evicting the tenant. (Business days are considered Monday through Friday, except for legal holidays.)

A summons or notice of petition is a legal document that provides notice to someone that a court action is pending and tells him or her when and where the court appearance is. Usually a summons will also direct that the person has to appear at that court date and that s/he may face consequences if s/he does not appear.

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New York Notice of Petition