Legal Question in Real Estate Law in New York
Does a server have to hand you a summons in your hand personally or can they leave the summons by your front door if you refuse to open the door and take it from the server. I did not sign anything that he gave it to us even though he said it does not matter. This is concerning our foreclosed home on long island new york. we live somewhere else now with the help of other family members. My husband is disabled and cannot travel to new york to appear in court and I cannot leave him alone. The only think we have is our 2 social security checks monthly and an extra $650 monthly from my husbands retirement fund. Can we get a legal aid lawyer or should we claim bankruptcy soon so they cannot come after us. I do not want to see my disabled husband or me in jail from this.
1 Answer from Attorneys
It looks like they served by "conspicuous place service," which is valid if several attempts at personal delivery have failed. Jail is unlikely unless you are being cited for contempt of court. If the lender is suing for a deficiency judgment you should fight it. Contact me through Lawguru if you want my help.
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