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trmpldonagn · Dec 7, 2008, 07:01 AM

State of NY

How much time do I have to file a motion to a court for an order denying the use of any postjudgment enforcement procedure and what are acceptable reasons for filing one? This is for a judgment from a previous landlord that I still need to fight somehow. I do not owe it. Thanks for any help.

JudyKayTee · Dec 7, 2008, 07:03 AM

Originally Posted by trmpldonagn

State of NY

How much time do I have to file a motion to a court for an order denying the use of any postjudgment enforcement procedure and what are acceptable reasons for filing one? This is for a judgment from a previous landlord that I still need to fight somehow. I do not owe it. Thanks for any help.

Are you talking about attempting to set aside a Judgment? Once that Judgment is granted I am not aware - at least in NY, which is where I am - of any postjudgment procedure to stay enforcement.

If you file to set the Judgment aside and have grounds to do so, the Court very well may order a stay.

Did you appear to defend yourself and lose the case or not appear?

This should be combined with the other, same post.

trmpldonagn · Dec 7, 2008, 07:09 AM

I appeared and lost the case. I gave proof to the judge but it he still went against me. My previous LL said that I didn't pay rent to get me out of the apt. asap to avoid citations from the health dept. I couldn't appeal it in time because I had pneumonia (from the apt.). Someone told me that my LL and his lawyer knew the judge but I don't think that matters these days. Thanks.

JudyKayTee · Dec 7, 2008, 08:18 AM

Originally Posted by trmpldonagn

I appeared and lost the case. I gave proof to the judge but it he still went against me. My previous LL said that I didn't pay rent to get me out of the apt. asap to avoid citations from the health dept. I couldn't appeal it in time because I had pneumonia (from the apt.). Someone told me that my LL and his lawyer knew the judge but I don't think that matters these days. Thanks.

Unless you have some very strong, legal grounds for appeal I don't see you either stopping collection or setting the Judgment aside.

Do you have legal grounds to set it aside?

trmpldonagn · Dec 7, 2008, 09:01 AM

Hi JudyKay. Thanks for replying. I'll try to make this brief. I gave the judge a letter dated Oct 30th from the LL to me stating he just wanted to take back the premises. Nothing in that letter stated anything about owing Oct rent. On Nov 3rd, I received a 3 day pay or quit stating I did not pay OCT or NOV. I always had till the 15th anyway. The judge should have seen that there was no mention of past due rent, especially OCT, in that letter dated Oct 30th. The LL received a citation from the health dept on Nov 1st. I suddenly received a 3 day pay or quit on Nov 3rd. It was obvious what the LL was trying to do. Thank you again.

LisaB4657 · Dec 7, 2008, 10:59 AM

I'm sorry but the letter you received from the landlord on Oct. 30th is not proof that there was no rent due. The landlord was merely terminating the tenancy and may have been using language from a standard form. There is no law that requires the landlord to state that rent is due when they are terminating a tenancy for another reason.

If you have any other type of proof that you paid the rent then you may be able to file a motion to set aside the judgment. Didn't you mention in another post that you had a tape recording of the landlord? If that tape recording gives any kind of proof that the landlord knew you had paid the rent then you have a case.

trmpldonagn · Dec 7, 2008, 02:12 PM

Thank you Lisa. Very much. I didn't know I could go back to court with the tape. I thought since it was litigated that that was the end of it.
I did see something online where you can file a motion for a re-hearing so I'll see how that goes. Thanks again. All of you are always very helpful even when I'm just reading other questions and answers.

LisaB4657 · Dec 7, 2008, 02:37 PM

If you have a tape where he admits that he received the rent then you have proof that he has committed perjury. :)

trmpldonagn · Dec 7, 2008, 04:36 PM

The tough part... when I said, on the tape, "You know I gave you the rent," there was just silence on the other end of the line. This was recorded over the phone. I believe that's not agreement or denial. At least I'll bet the lawyer and/or the judge will say that. Thank you again very much. I'll just have to wait and see what happens. Thanks again and happy holidays.

JudyKayTee · Dec 7, 2008, 06:12 PM

Originally Posted by trmpldonagn

The tough part.... when I said, on the tape, "You know I gave you the rent," there was just silence on the other end of the line. This was recorded over the phone. I believe that's not agreement or denial. At least I'll bet the lawyer and/or the judge will say that. Thank you again very much. I'll just have to wait and see what happens. Thanks again and happy holidays.

That's you saying something and him not replying.

Come back and let us know how it works out.

trmpldonagn · Dec 8, 2008, 06:24 PM

I will. Thanks again and have a great one!