New York Process Service

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For more information on process service, eviction service, court service, skip trace and more, visit www.unidsputedlegal.com.  Open Monday-Friday 8am.-8pm. “When you want it done right the first time contact Undisputedlegal.com.

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Trusted New York Court Paralegals

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Eviction Tips For Landlords For Non-Payment Cases

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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

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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.

What Happens at the Hearing?

If the parties agree about custody of the child, the judge may take testimony from both parties and enter an order of custody on consent, without the need for a formal hearing. If the parties cannot reach an agreement about custody, the court will hold a hearing, taking testimony from both sides, and may appoint a lawyer to represent the child. The court may order an investigation and report from a social services agency or mental health professional. After considering the evidence presented, the court will award custody based upon what is in the child’s best interests.

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

New York Civil Court – Landlord Tenant

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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)

When a residential proceeding is filed in the courthouse it is assigned to a Resolution Part. When the case is ready for trial, it is sent Trial Part. The only exceptions are HP cases which are assigned to the HP Part and the presiding Housing Court Judge handles all matters in the case, including trials.  Most residential landlord and tenant matters are handled by Housing Judges.

However, some landlord and tenant matters are handled in Part I (also known as the Integrated Part). Part I is a Special Part located in the New York County Civil Court. Cases are transferred into Part I when a tenant living in New York County is the subject of both a Civil Court, Housing Part case and a Supreme Court, Article 81 Guardianship case. Upon transfer, both cases are combined and adjudicated by an Acting Supreme Court Justice.

The Housing Part also offers litigants the opportunity to visit a Housing Court Counselor in the Civil Court’s Help Center for free legal information. The Help Center also offers an array of free materials, pamphlets and videos on a variety of housing questions for both landlords and tenants.

For information eviction services for landlords 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 child support And How Is It Calculated?

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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:

•17% for one child

•25% for two children

•29% for three children

•31% for four children

•no less than 35% for five or more children

That amount is then divided based on the proportion of each parent’s net income to the combined parental net income.  In addition to the basic child support obligation, a spouse may also be required to pay for child care expenses, educational expenses and medical expenses.

How to Calculate Child Support

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.

The Eviction Process

eviction2Evictions must follow a strict legal process. If a tenant isn’t paying rent or has repeatedly broken rules laid out in the code of conduct, the landlord has the right to begin the official eviction process. He can’t take the law into his own hands, though. It’s illegal in nearly all 50 United States for the landlord to lock out a tenant. The definition of a lockout includes changing locks, blocking entry into the rental unit, cutting off electricity or water, or any other method that prevents the tenant from normal use of the property.  The good news for landlords in the United States is that the eviction process is one of the shortest legal proceedings on the books. In New York, for example, it’s possible to legally evict a tenant in as few as 30 – 60 days.

In most states, the eviction process  begins with a formal letter of notification from the landlord that presents some clear options for the tenant. The tenant must pay his/her rent by a certain date, resolve whatever issue is at odds with the code of conduct or vacate the premises. Failure to do so will result in a lawsuit called an unlawful detainer — the legal term for an eviction.

During an unlawful detainer case, both sides are given a chance to present their arguments. The judge decides, based on the testimonies and evidence presented by both the tenant and the landlord, whether or not the tenant is in violation of the lease. If the landlord wins, the tenant may be required to vacate the premises and pay all back rent and legal fees incurred by the landlord. If the tenant wins, the landlord may have to pay all of the tenant’s legal fees.

If the landlord wins the case, he’s given a writ of possession. The writ of possession states how many days the tenant has to remove himself and all of his belongings from the rental property. If the tenant fails to vacate by the set date, the landlord can’t forcibly remove the tenant or his possessions. In most U.S. states, that job is the responsibility of a local sheriff or marshal. Most states also have strict procedures about what to do with any belongings that an evicted tenant leaves behind. Sometimes possessions have to be kept in storage for a number of days before being thrown away.

For more information on eviction solutions, you can get the results you need at www.undisputedlegal.com or call us at 1-800-774-6922 for a free quote today.