I sued my landlord in small claims court for an unlawful eviction and won by default after he adjourned for the second time and did not show up.of course hee has filed for a motion to vacate default jidgement I have opposed and noe he has repiled to affadavit my question is can I reply what are the rules? This is small claims by the way.thank you

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Originally Posted by josephineg

I sued my landlord in small claims court for an unlawful eviction and won by default after he adjourned for the second time and did not show up.of course hee has filed for a motion to vacate default jidgement I have opposed and noe he has repiled to affadavit my question is can I reply back what are the rules? this is small claims by the way.thank you

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What State?

I'm a little confused - the usual procedure is one party submits papers (he asks that the Judgment be vacated); the other party responds (you submit papers stating why it shouldn't be vacated); then if the first party has anything to add they do and then the Judge decides. "Usually." Papers don't go back and forth forever. That's why your papers should be very comprehensive.

In this case it seems that he filed a motion to vacate (his first set of papers) and you opposed and then somehow an Affidavit became involved?

I don't understand the sequence or what is in the Affidavit. Was it an Affidavit in support of his Motion?

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Originally Posted by JudyKayTee

What State?

I'm a little confused - the usual procedure is one party submits papers (he asks that the Judgment be vacated); the other party responds (you submit papers stating why it shouldn't be vacated); then if the first party has anything to add they do and then the Judge decides. "Usually." Papers don't go back and forth forever. That's why your papers should be very comprehensive.

In this case it seems that he filed a motion to vacate (his first set of papers) and you opposed and then somehow an Affidavit became involved?

I don't understand the sequence or what is in the Affidavit. Was it an Affidavit in support of his Motion?

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The state is ny and you are right I opposed then they sent a reply affadavit stating they have received opposing papers along with some new defense.
What I wanted to know if I could actually answer it ,The due date is 7/10/08
I was wondering could I and like you said does it go on forever?

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Originally Posted by josephineg

the state is ny and you are right I opposed then they sent a reply affadavit stating they have recieved opposing papers along with some new defense.
what I wanted to know if I could actually answer it ,The due date is 7/10/08
I was wondering could i and like you said does it go on forever?

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If they raised a new defense, yes, you MUST answer that defense or it will go unchallenged.

After you answer - as long as you don't raise anything new and why would you, you've already won a Judgment - there's nothing left to say and it should be scheduled for a hearing.

(I'm also in NYS)