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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I owe property as tenants in common with another person. In

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I owe property as tenants in common with another person. In Dec 2011, I filed for partition of the property, but the person was not physically served! The server was unable to find the person to have the person served! My attorney sent mail to the last known address for the person ... there is nobody living at that address, however the mail was not returned. The partition timed out. Can I ask the court to intervene? Is so what can the court due to help me if any thing?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you have exhausted all reasonable means to locate the person, then you can motion the court for alternative service by publication. This is where you send notice by mail to their last known address or place of employment and then you also have to publish the notice in the paper of major circulation in the area they are believed to reside before the suit can proceed. This is the action your attorney should have attempted when they were told the process server could not locate the party. See: NY CVP Law Section 316.

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Customer: replied 3 years ago.

I questioned my attorney... As the server was not successful, however, my attorney recently submitted to the court an application for intervention! Will the court schedule an intervention? Should the court dismiss the application for intervention? What if the other person does not know that an application for intervention has been filed? ... the other person will not be at the scheduled intervention.


Thank you for your follow up.

The notice for judicial intervention was filed to likely ask the court for the permission for service by publication, so you need to ask your attorney the reason for the intervention. The notice for judicial intervention is a motion to the court asking them to take action, so that is what he is asking the court.

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