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Am I in enormous trouble?

NYC Housing Court Practice/Procedures

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Am I in enormous trouble?

Postby stevel1ght » Sat Nov 21, 2009 11:27 pm

My landlord initiated eviction litigation for non-payment. We made a stipulation, which included provision for him to make certain repairs. I received a Marshall's notice (6-day notice). I went to court, said that I had the money for the stip and by the way, no repairs were made. The judge gave a hearing for 11/20. I missed court on Friday. I will be in court first thing Monday morning requesting a new date. Do I need to be concerned that a Marshall may come to my door Monday morning to perform an eviction and lock me out? Is there anything that I can do on Sunday? (My property manager has no interest in working with me at all - communication has completely broken down.)
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Postby TenantNet » Sun Nov 22, 2009 12:27 am

Rule of thumb ... don't blow off a court date (unless you're in the hospital).

Yes you have a problem. Call the Marshall and see if your apartment is scheduled. There should be a numbr on the notice you received.

Why did you get the Notice anyway? If you signed a stip you knew what might happen. Did you go to court and file an Order to Show Cause to get the date (that you missed)?

I don't know if you can get a second date for something like this, but you can try. Be prepared with a bullet-proof airtight excuse why you skipped court. I'd also talk to a lawyer.
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Postby stevel1ght » Sun Nov 22, 2009 2:18 am

Yes, there was an emergency.

I doubt the marshall will attend the telephone on Sunday.

I got the notice around 10/30. Yes, I did go to court and get an Order to Show Cause to get the date (that I missed).

I have a good reason for missing the date. I just hope that I have the opportunity to see the judge before the Marshall knocks.

That is why I wanted to know if there was any action that I could take on Sunday. I am a single-parent, seven-year-old boy.
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