3 day notice indicates 30 days to dispute

[jkgal]

Greetings, all,

I'm back again - what a wonderful site this is, and wish I were here under better circumstances.....

I was sent a three day notice from my ll, and the text indicated I had 30 days in which to dispute the debt in writing. In fact, the amount ll says I owe IS incorrect, and I was planning to dispute it in writing. I would have had until January 12th to do this, or so, since I received the notice on December 12th. Lovely ll, I was sent a non-payment set of court papers on December 23rd.

I answered, and the clerk indicated premature filing of court papers based upon fair debt collection notice, or words to that effect. The next day, after I'd answered, I spoke with a pro se lawyer at the courthouse who said I might also amend my answer to request the case be dismissed for this reason. However, the chief clerk said I must file a motion for dismissal when I come to court in January.

Advice, please!

Many thanks........ jkgal

[TenantNet]

You're dealing with the Debt notice. See this page: http://tenant.net/Court/romea/index.html

But be aware that page hasn't been updated for a while and is out of date. Nevertheless it gives you an idea of the issue. Just don't rely on it for current law.

Normally we don't promote one attorney over another, but in this case the Fair Debt issue was really handled by Sokolski & Zekaria, P.C. They are the people to speak to on this (although any tenant attorney that advertises here ought to know this issue and any can certainly handle a non-payment if you're just disputing the amount owed). See http://tenant.net/ads/cmg1.html

[jkgal]

Greetings,

Thanks SO very much for your response. It gives me a platform from which to spring, if you will. I'm curious about recent case law about the Fair Debt issue as it relates to NYC tenants, and will look into this.

Interestingly, the last case I was involved in was housing-related, in Supreme Court, and precedent-setting (Justice Lehner's decision of 11/16/2005). Let's see what this case brings.....

Thanks again!

jkgal

[jkgal]

Greetings, again,

May I forward this string to someone? I seem to remember that forwarding strings was possible with the previous incarnation of tenant.net., and wonder if it still is.

Your response appreciated!

Thanks,

jkgal

[TenantNet]

I assume you mean thread. String is sonething used to fly a kite. You can email the URL to someone, or just copy/paste. I thought we had installed a mailto next to the printer icon, but now I don't see it. Something else to do.