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As a landlord, can I just phone a City Marshal and say I want to have a tenant evicted? What is a petition for removal?

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The court has ruled in my favor. What happens now?

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What is the difference between a marshal and a sheriff? Should I choose a marshal or a sheriff to carry out an eviction? What is the difference between an eviction and a legal possession? Shush escort Syracuse a legal possession, can the landlord take a tenant's belongings?

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Who decides if a tenant is removed by eviction or Escorts Riverside hill possession? As a tenant being evicted, what should I expect to happen? How is the Notice of Eviction served? Can Hervey Norwich escorts Notice of Eviction expire?

If I refuse to admit the marshal, can he just enter my premises to evict me? Do I, as a tenant, have any recourse to prevent a marshal from carrying out an eviction? The tenant being evicted is elderly.

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Would the marshal take this into ? My neighbor is elderly and forgetful at times.

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Yesterday, he mentioned something about being evicted. How do I know if this is true, and what can I do to help him? A: A City Marshal may conduct an eviction or legal possession only after a court has ruled on the landlord's petition for removal and issued a Warrant of Eviction to the marshal. Q: What is a petition for removal?

A: In order to start a proceeding to evict a tenant, the landlord, or his or her attorney, must prepare a petition requesting a court hearing, which must be served on the tenant and filed with the court. Q: The court has ruled Spring Pasadena TX escorts my favor. A: Before a marshal may conduct an eviction, he or she must first request that the court issue a Warrant of Eviction. In New York City, City Marshals and deputy sheriffs are the only public Escort Denver Colorado available now authorized to request a Warrant of Eviction from the court.

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They earn income by performing certain tasks in New York City Civil Court cases, including carrying out evictions. City Marshals charge fees for their services. The Sheriff and his or her deputies are paid employees of the City of New York. Both City Marshals and the City Sheriff are required Prostitute phone number Charleston law to charge the same fees for their services, although their procedures for collection of fees may differ.

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The decision to hire either a marshal or a sheriff is one that you make based upon all the information available to you about their services. Q: What is Foot escort DC difference between an eviction and a legal possession? A: In both evictions and legal possessions, the City Marshal returns control of the real property apartment, store, etc. In order to accomplish this, the marshal must see that any entrance locks on the premises to which the tenant may have access are changed.

In an eviction, the tenant's belongings are moved under Escorts Milwaukee latinas supervision Escorte a Rhode Island lin the marshal and stored at a private warehouse.

In a legal possession, the tenant's personal property remains under the care and control of the landlord until the tenant can arrange to transport the property to another location. Q: In a legal possession, can the landlord take a tenant's belongings? A: No. In a legal possession, the landlord may move the tenant's belongings to a private warehouse at the landlord's expense.

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Warehouses may charge tenants storage fees and may sell the tenant's property New Hampshire by night escorts the fees are not paid. A: The marshal acts in consultation with the landlord in determining whether to proceed with an eviction or legal possession.

Ultimately, however, it is the landlord's choice.

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Q: As a tenant being evicted, what should I expect to happen? 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 Sexy Fairfield prostitute of Eviction before evicting the tenant.

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Business days are considered Monday through Friday, except for legal holidays. A: The City Marshal must attempt to serve the tenant personally, or to serve a person of suitable age and discretion at the premises. If this is unsuccessful, the marshal must conspicuously post the Notice of Eviction on the door of the premises or place it under the door, and within one day, mail copies of the Notice of Eviction by certified mail and regular mail.

If the Notice is served by any means other than personal delivery to the tenant, the marshal Strap on escort Cleveland Ohio wait an additional two business days after mailing the Notice before conducting the eviction. Simply stated, the tenant may be evicted on the sixth business day following the date on which the Notice was mailed.

The Notice itself must also be dated, and the date of the Notice may not be earlier than the mailing date. Q: Can a Notice of Eviction expire?

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A: If, after the marshal has served the Notice of Eviction, the eviction or legal possession is not conducted within thirty days of the earliest date on which it could have been conducted, or if a court temporarily stays the eviction and does not expressly waive the requirement of a new notice, the marshal, before proceeding with an eviction, must send a new Notice of Eviction, by regular mail.

A: In enforcing a Warrant of Eviction, a marshal must first Escort adult Mission Viejo on the tenant's door, identify himself or herself as a San Jose nord escorte Marshal, and state the purpose of the visit. If the tenant is not home or refuses to admit the marshal, be advised that he Allegra escorts Mckinney she is authorized to gain entrance to the premises to enforce the warrant.

Q: Do I, as a tenant, have any recourse to prevent a marshal from carrying out an eviction?

A: The tenant may ask a court to issue an Order to Show Cause OSC and a Stay, an order staying, or delaying, the eviction until the issues raised by the tenant are addressed on a hearing date set by the court. If the marshal is served with a ed OSC that stays San Bernardino CA escort robin eviction, he or she is legally bound by the directions of the court, but if the court Escorts fraser Binghamton NY not stay the eviction, the marshal must go forward with it.

Unless otherwise directed by the court, the marshal, after being served with an OSC that stays the eviction, must serve an additional Notice of Eviction by regular Massachusetts high profile escorts before conducting the eviction or legal possession. A: Yes. Before conducting an eviction or legal possession at a residential premises, the marshal must find out whether the premises are occupied by any individual, such as disabled, elderly, or infirm adults, or unattended children, who are unable to fend for themselves.

A: Find out what papers your elderly neighbor received. If he has a City Marshal's Notice of Eviction, call that marshal's office the marshal's name, address, and telephone are on the noticeask if the eviction has been scheduled, and provide whatever information you have about your neighbor's age and physical and mental condition.

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The marshal may ask for documentation Roleplay escort Honolulu your neighbor's age or disability. If you are aware of a tenant facing eviction who, because of a physical or mental impairment, may be unable to fend for himself, in addition to calling the marshal, you may call APS yourself at If your neighbor has not received a marshal's Notice of Eviction, but has other eviction papers, you can bring them to the New York City Civil Court in the borough where the building is located.

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The court will have a record of the case, including, if applicable, the name of the marshal who received the Warrant of Eviction.