TenantNet Forum

Where tenants can seek help and help others



how does one go about paying?

NYC Housing Court Practice/Procedures

Moderator: TenantNet

how does one go about paying?

Postby persephone » Mon Nov 21, 2005 7:03 pm

My ex landlord has filed court papers asking for two months rent. In actuality, I only owe him one more month rent as I had written him and had asked for the security deposit and some renovations I did to the place (like replace stove and leave new air conditioner) to cover the second months' rent.

LL didn't see it that way and filed papers - and most likely will not give me my security deposit either (so in actuality that would be three months rent he'd be pocketing). I've tried to find a place but the money owed comes up on my credit report. I'm anxious as to how to go about getting this paid with as little contact with the landlord as possible. It's been several months but it would be paid same year as I moved out - should I mail the money orders to him and cross my fingers that he'd remove the court file or should I go to housing court and file a payment paper and pay through the court? How will I know that this file will be removed from my record at all? What if the LL is vindictive and leaves it on and I can't rent from anybody? How do I go about getting it expunged or at least showing it was paid in full? How long does this stay on my record? Will I never be able to rent again?
persephone
 
Posts: 67
Joined: Thu Sep 30, 2004 1:01 am
Location: New York City

Re: how does one go about paying?

Postby Anna » Tue Nov 22, 2005 12:01 am

When did you move out?
Before LL filed eviction proceeding?
If yes, then LL had no right to do so: he should have filed in Small claims court.

Wherever LL filed whatever type of lawsuit, you must show up & answer it.

To get more helpful replies, post a more accurate question.
Anna
 
Posts: 2538
Joined: Mon Jul 22, 2002 1:01 am
Location: Manhattan

Re: how does one go about paying?

Postby persephone » Tue Nov 22, 2005 5:01 pm

Hi Anna - thanks so much for replying. I've got a bunch of questions on the situation I'm in.

1) moved six months ago - this year, as I stated.
2) he filed prior to my moving out, just a couple of weeks prior
3) I was not available to go to court. Do I go through the courts to file the payment or do I cross my fingers and send the landlord the payment asking for him to remove the non-payment from my file?
4) is there a way to just go through the court without having to deal with the landlord?
5) when I pay, when should I expect removal from my credit record? from what I gather, it's not in my credit report per se but some other database that real estate brokers have access to when they do a background check on me. I need to know that once this is paid that it will be cleared, expunged, whatever, to clearly indicate I no longer have anything owing and that I'm allowed to rent from another landlord again.

I hope these questions are better clarified. Look forward to hearing from the group on what to do.
persephone
 
Posts: 67
Joined: Thu Sep 30, 2004 1:01 am
Location: New York City

Re: how does one go about paying?

Postby persephone » Tue Nov 22, 2005 5:04 pm

Also, if I don't have the paperwork (when I moved, things got lost) how does one go about finding the docket number?
persephone
 
Posts: 67
Joined: Thu Sep 30, 2004 1:01 am
Location: New York City

Re: how does one go about paying?

Postby Downtown » Wed Nov 23, 2005 9:32 am

Just realised that you have posted twice.
A. You are on the Blacklist.
B. Query Broker as to what system using.
C. If this is a credit database, best you can hope for is to have payment added to file. Will take 7yrs. to have this removed.
Downtown
 
Posts: 1386
Joined: Sat Jun 08, 2002 1:01 am
Location: NYC, NY

Re: how does one go about paying?

Postby Anna » Wed Nov 23, 2005 10:23 am

LL probably got a default judgment & warrant for T's failure to appear or answer a non-payment eviction proceeding.

see other thread where T now reveals that T is blacklisted and also that LL's judgment is on credit report.
http://www.tenant.net/.WWW/ubbgraphics/ultimatebb.php?ubb=get_topic;f=3;t=001312

OP:
Go to Housing Court in your borough.
Look up your name in computer.
Get court file.
Copy the whole thing.
Take copy to pro se office in HC or a tenant clinic or a tenant atty.
Follow their advice.
Anna
 
Posts: 2538
Joined: Mon Jul 22, 2002 1:01 am
Location: Manhattan


Return to Housing Court - NYC

Who is online

Users browsing this forum: No registered users and 108 guests