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Posted by link on July 24, 2001 at 08:53:02:

In Reply to: Re: To Withold rent or not? posted by snorkel on July 23, 2001 at 16:23:04:

: I've consulted with a few attorneys that advertise on this site. In both instances they have said I have a cut and dry case but "nothing is ever certain". Of course, they did not tell me to go it alone because I'm sure they could stand to profit a few pennies from me.

: One attorney told me if I go it alone, I should withold rent and let the LL take me to court. The other attorney wants to take it all the way to the supreme court. Aaarg!

Whadayamean 'all the way'? In NY, Supreme court is merely the name of the court where you start lawsuits. For money-only like yours, the lawsuit must be worth a minimum of $25K.

Your landlord owes you triple what he overcharged. You can afford a lawyer: think of it this way: the lawyer gets paid from this part of your winnings. The lawyers retainer can come from the first of second month's rent, if you stop paying the overcharge (don't do that until you have a lawyer and/or decide how to proceed)

ps: did you read the post by hawk in the archives here? good discussion on which court to chose for overcharge cases.

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: : I've consulted with a few attorneys that advertise on this site. In both instances they have said I have a cut and dry case but "nothing is ever certain". Of course, they did not tell me to go it alone because I'm sure they could stand to profit a few pennies from me.

: : One attorney told me if I go it alone, I should withold rent and let the LL take me to court. The other attorney wants to take it all the way to the supreme court. Aaarg! 

: Whadayamean 'all the way'?  In NY, Supreme court is merely the name of the court where you start lawsuits.  For money-only like yours, the lawsuit must be worth a minimum of $25K.

: Your landlord owes you triple what he overcharged.  You can afford a lawyer: think of it this way: the lawyer gets paid from this part of your winnings. The lawyers retainer can come from the first of second month's rent, if you stop paying the overcharge (don't do that until you have a lawyer and/or decide how to proceed)

: ps: did you read the post by hawk in the archives here?  good discussion on which court to chose for overcharge cases.


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