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What happens if I serve a marshal notice? Can I file an

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order to show cause?...
What happens if I serve a marshal notice? Can I file an order to show cause?
Submitted: 9 days ago.Category: Landlord-Tenant
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7/11/2018
Lawyer: KLAW, Other replied 9 days ago
KLAW
KLAW, Other
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Satisfied Customers: 2,371
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Lawyer: KLAW, Other replied 9 days ago
even if a Marshall’s notice is served, an Order to How Cause can still be filed and can be signed by the sitting judge.In order to be successful on an Order to Show Cause grounds must be stated as to why additional time is required or why the stipulation of settlement was unfair.It really depends on the judge sitting on the particular day asto whether the OSC will be signed, and a new date given to further discuss the case.In L &T Court most OSC are at least signed and then the judge will decide at the new hearing date if there are any grounds or reasons to modify or amend the prior stipulation.I hope this clarifies and helps. Please don’t forget to rate the question with stars. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.
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Customer reply replied 8 days ago
after stipulation of settlement, is it going to be hold over, or I will be served with another marshals notice?
Lawyer: KLAW, Other replied 8 days ago
No, if they grant the OSC then another Marshall’s notice must be served. If it is not granted, then the old Marshall’s notice is valid and a new one does not have to be served.I hope this clarifies. Please don’t forget to rate the question.
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Customer reply replied 3 days ago
What does it mean to be eligible for adult protection services? I have received marshal notice for rent arrears and called their office, but they said I am in APS and eviction is not scheduled yet.
Lawyer: KLAW, Other replied 3 days ago

That means that the Marshall is not allowed to serve the Marshall's notice because conducting an eviction or legal possession at a residential premises, the marshal must find out whether a premises (your apartment) is occupied by any individual, such as disabled, elderly, or infirm adults, or unattended children, who are unable to fend for themselves. If such a person occupies the apartment, the marshal must notify DOI, who, in turn, notifies Adult Protective Services (APS), a division of the New York City Human Resources Administration. So the Marshall has determined that you fit into one of those categories and they will stay the Marshall's Notice until APS gives them the green light to execute the notice. You should call APS to find out the specifics of the stay. Here is the contact number for Manhattan North Borough Office:(###) ###-####

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