Please help ASAP (apartment, eviction, tenant)

[lew82581]

Can a NYS Marshal's office serve an eviction notice before the date on the court papers (i.e.. court paper state the 18th of the month but the marshal's serves the eviction notice on the 17th)?

[Henna]

I think they can serve it, but not 100% sure. The thing is that they are required to wait 3 days after serving it before actually evicting, so it kind of makes sense that they can serve the papers prior to the date, as long as the date of the actual eviction happens on or after the date on the court papers.

Marshals Evictions FAQ - Marshals - Department of Investigation

Q:
As a tenant being evicted, what should I expect to happen?
A:
A marshal must serve the tenant with a Notice of Eviction, before the eviction. Simply stated, this means that the marshal must wait at least three (3) business days after service of the Notice of Eviction before evicting the tenant. (Business days are considered Monday through Friday, except for legal holidays.)

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Q:
How is the notice of eviction served?
A:
The city marshal must attempt to serve the tenant personally, or to serve a person of suitable age and discretion at the premises. If this is unsuccessful, the marshal must conspicuously post the Notice of Eviction on the door of the premises or place it under the door, and within one day, mail copies of the Notice of Eviction by certified mail and regular mail. If the Notice is served by any means other than personal delivery to the tenant, the marshal must wait an additional two business days after mailing the Notice before conducting the eviction. Simply stated, the tenant may be evicted on the sixth business day following the date on which the Notice was mailed. The Notice itself must also be dated, and the date of the Notice may not be earlier than the mailing date.

[Harlem resident]

Once the notice is served, the marshall will show up again and padlock the door after the three days.

The marshall would have needed a court notice to serve you with the final eviction notice.
The 18th probably refers to the earliest time in which s/he could apply the lock, that is to say, carry out the final eviction. S/he is a day or so late.

Do not abandon your animals in the apartment or to the streets.
Yes, you can actually make things far worse.

I have seen people gain ground after court lock-outs, by the way. If you have a real case.
Quite rare, granted, but consider not giving up if you do.

[beanniebaby7]

Go to court and try to get a little more time. But you must speak to the judge, you might get a few more days. Do you owe rent?