Marshalls warrant of Posession

[JGT]

I know this is a site for foreclosure and BK but I got a lot of answers last year from it on apartment problems so I hope someone can help me here with this one.....

I live in New Yok city and my neighbor who is dying of throat cancer just got a Marshals warrant of possession notice on his door and the locks were changed and my neighbor never got any court date or anything beforehand! Is that legal? Doesn`t the LL have to bring the tenant to court first before the Judge will issue a warrant of posession? This is freaking me out because I`m behind in rent as well and I`m paranoid about leaving my apartment if the guy is going to just change locks 1-2-3 just like that. What can I do if he does? Thanks

[AngelinaCatHub]

I know this is a site for foreclosure and BK but I got a lot of answers last year from it on apartment problems so I hope someone can help me here with this one.....

I live in New Yok city and my neighbor who is dying of throat cancer just got a Marshals warrant of possession notice on his door and the locks were changed and my neighbor never got any court date or anything beforehand! Is that legal? Doesn`t the LL have to bring the tenant to court first before the Judge will issue a warrant of posession? This is freaking me out because I`m behind in rent as well and I`m paranoid about leaving my apartment if the guy is going to just change locks 1-2-3 just like that. What can I do if he does? Thanks

A quick retort. Either you don't have all info, or yes, it is not a correct action. If it is a U.S. Marshal, not at all. I don't know NY laws and don't know what you call a Sheriff. If it were me, I'd break the door in, and replace it later with a new door and lock. This does not sound right. More info before we could help you with opinions. 'Hub

[justbroke]

Yeah, I read about the NYC Marshals. They are basically an arm of the Court to enforce a court order. They are the "enforcement" arm of court issued Writs.

If there's a writ, that means there was an Order signed. The Order is signed by a Judge. That means something was presented to the Judge. If this was done by a NYC Marshal, then it is absolutely real.

I don't think you have all the information. There is a process for eviction. In many States and Cities, an eviction can be effectuated in 14 days or less!

[JGT]

Well I just looked at the notice and it is definately real, or real looking. He is adament he never got any notice beforehand to appear in court. He was in the hospital last week and just got home to find this so they must have done it last week, The guy can`t even talk anymore and he just wants to go to bed and now he has to deal with this. I think his brother may take him in temporarily. What gets me is why would a judge grant this without a hearing first? Unless it is fake? Or do they usually do that? Just grant a warrant to posession 1-2-3 if the landlord says he is owed money? That`s crazy. The only thing I can think of was he was served a notice for a court date but he never saw it, maybe someone took it off his door or whatever.

[justbroke]

What gets me is why would a judge grant this without a hearing first? Unless it is fake?

There is a hearing. If you don't show up... then you have defaulted. However, since this person was in the hospital, that would explain that he wasn't noticed or able to attend. According to NYC tenancy law, he could have easily delayed the process for up to 30 days.

Or do they usually do that? Just grant a warrant to posession 1-2-3 if the landlord says he is owed money?

Nope, not that simple to get a Judge to do something. You have to prove that they owe you money, and that either they don't contest it (don't show up), or don't mount a defense as to why they didn't pay the rent (scumbag landlord not fixing things... e.g. slumlord issues).

That`s crazy. The only thing I can think of was he was served a notice for a court date but he never saw it, maybe someone took it off his door or whatever.

Exactly.

However, if he's going to try to do something about this, he need to do something tomorrow! Time is not your friend in these matters. He could ask to have the Writ vacated because he was improperly served... but that' speculation on my part because I don't know procedure in a NYC tenancy court.

[JGT]

Thanks alot Justbroke - I think that is exactly what happened, he was in the hospital and defaulted on the court date. But on the other hand, our LL is a real sc*mbag and I wouldn`t put it by him to have never served him at all.

This guy is going thru hell right now, he thought he had the flu and the doctor said his voice didn`t sound right and had him checked out and pow out of nowhere told him he had cancer in his larynx, all in the span of 3 weeks. And the dude is only 42! Now they are doing the chemo and all that stuff and I think he is getting the voicebox removed, and yes he smoked. My god, what a nightmare.

I`m going to tell him what you said, he has to get a lawyer ASAP, I found this website that may help him, NYC Dept of homeless services that may set him up with free legal rep.

http://www.nyc.gov/html/dhs/html/atrisk/behindorEviction.shtml

I can`t imagine a judge throwing this guy out 1-2-3 like this, maybe he can get a stay of 30 days like you said or get the writ vacated. Thanks for the help