Notice of Non-Payment On My Door Last Week

[confusedandworried]

I receeived a notice of non-payment on my door last week I went to the mailed them a payment for the 2 months rent+legal fees+late fees. The following day, the check was cashed and I went to answer to the notice. I was told at my management office that I did not need to answer to the petition if I was making the full payment, In disbelief, I went to court that same morning and to my surprise, was given another court date to "make sure the case is settled." In today's mail I received a post card that reads: "A NON-PAYMENT PROCEEDING HAS BEEN BROUGHT AGAINST YOU. YOU MUST APPEAR IN COURT AND FILE AN ANSWER TO THE LANDLORD'S CLAIM." Does this mean that my answer was never processed? What are my chances of getting evicted if my rent is paid in full. In the past year, I've paid my rent late about 3 times (around the 12th of the month) but have sent them payment in full including their late fees. Should I get a lawyer?[/b]

[Anna]

Look at the postmark on that postcard: LL is required to provide court w/postcard when he files affidavit of service of Petition. Court mails postcard same day or next business day. Check the Index #: should be the same as on Petition. Chances are you got to court to answer before USPS had time to deliver postcard to you.

Go to first court date: bring proof of payment in full. Agree to sign nothing unless it is a stipulation of settlement clearly stating that you paid in full. [note: you probably overpaid: are late fees in your original lease? atty fees are not payable until the court awards them to the winner after trial/motion OR unless T agrees to pay them....IOW: ask for a refund or deduction on next rent payment]

[NYHawk]

Jamie informed me that because of the blacklisting problem tenants should always try and avoid signing any stipulation of settlement. So, in this non-pay if rent has been paid, tenant should insist that LL stipulate to discontinue the case. It is anticipated that the blacklisting case will have a provision in a settlement agreement that discontinued cases will not be reported, so tenants should avoid being blacklisted.