Serving defendants attorney

[majorlyconned]

What is the name of your state (only U.S. law)? New York

We need to file a small claims suit against sellers for major repairs they agreed to do that have not been done and they are ignoring all contact. We have no idea where their new address is but we do know the real estate lawyer who is handling their affairs and has money for repairs in escrow they are refusing to release. Can we serve them through their attorney?

Thanks

 

[PayrollHRGuy]

Are the sellers registered with the NY Secretary of State? You can check that here https://www.dos.ny.gov/corps/bus_entity_search.html

If they are the address they are registered with is where you should serve them.

Here is some more info in this issue.

https://www.nycourts.gov/courthelp/goingtocourt/service.shtml

 

[quincy]

What is the name of your state (only U.S. law)? New York

We need to file a small claims suit against sellers for major repairs they agreed to do that have not been done and they are ignoring all contact. We have no idea where their new address is but we do know the real estate lawyer who is handling their affairs and has money for repairs in escrow they are refusing to release. Can we serve them through their attorney?

Thanks

You must personally serve them but you can ask the real estate attorney for their address.

 

[majorlyconned]

You must personally serve them but you can ask the real estate attorney for their address.

Tried that. My closing attorney asked theirs a number of times with no reply.

 

[quincy]

Tried that. My closing attorney asked theirs a number of time with no reply.

You have some investigative work to do, then.

 

[majorlyconned]

Are the sellers registered with the NY Secretary of State? You can check that here https://www.dos.ny.gov/corps/bus_entity_search.html

If they are the address they are registered with is where you should serve them.

Here is some more info in this issue.

https://www.nycourts.gov/courthelp/goingtocourt/service.shtml

Thank you I will check these out.

 

[FlyingRon]

Typically you can serve an attorney only after they make an appearance of record on the case. Before that you don't know if they are representing the party in the particular action.

Were they residing in the house when the sold it? Did they put a forwarding order in with the USPS. NY CPLR lets you serve by first class to the last known address and it will be forwarded. You can also obtain the new address from the USPS if this has happened.

Of course, you can ask their attorney from their updated information as well.

 

[quincy]

Typically you can serve an attorney only after they make an appearance of record on the case. Before that you don't know if they are representing the party in the particular action.

Were they residing in the house when the sold it? Did they put a forwarding order in with the USPS. NY CPLR lets you serve by first class to the last known address and it will be forwarded. You can also obtain the new address from the USPS if this has happened.

Of course, you can ask their attorney from their updated information as well.

This last suggestion apparently was tried to no avail. Checking the USPS for a forwarding address is a good idea.

 

[FlyingRon]

This last suggestion apparently was tried to no avail. Checking the USPS for a forwarding address is a good idea.

Missed the followup.

The other question is what address is on the HUD-1 for the seller?

Frankly, it's often not that hard to track people down. If he wants to PM me details, I can run it through a few databases I have access to.