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Default Judgement -Notice of Eviction - What can I do?

NYC Housing Court Practice/Procedures

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Default Judgement -Notice of Eviction - What can I do?

Postby luckyredpr » Tue Sep 21, 2010 11:02 pm

I had a stipulation with the LL, which included a 4-part payment schedule and repairs to be made. The LL cashed the first two payments of the stip but did not cash the last two payments. The repairmen did not come and make the repairs on either of the two dates they were scheduled, per the stip.

I did not worry about the first check that wasn't cashed because it sometimes takes the LL two weeks to cash my check. However, he filed for eviction right after I sent the final check. I received a Notice of Eviction and filed an Order to Show Cause. I have a court date and I have to money to give to the LL.

MY PROBLEM: I was working yesterday and ran very late. I missed the Post Office by about 15 minutes - the Main PO now closes at 10pm - and could not mail the notices to the LL and Marshal by the date required. I sent them first thing this morning but I am now in non-compliance with the paperwork.

I made a copy of the paperwork and can hand serve the copies to the LL tomorrow. Should I do this?

Can I get evicted for missing the date by one day? The LL really wants me out of the apartment and I don't want him to use this to evict me.

Please advice. I am a bit panicked.

Thank you.
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Postby TenantNet » Tue Sep 21, 2010 11:21 pm

I would show up early, explain the problem to the judge or the court attorney (most likely the latter) and beg for mercy. Is sounds like you were not in violation of the stip ... the LL was. But many judges are anti-tenant.

In situations like this, next time take the time off from work and prioritize things differently.
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