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Re: eviction: appeals

Posted by john on May 25, 2000 at 14:27:22:

In Reply to: Re: eviction: where? doesn't sound like NYC posted by faith on May 25, 2000 at 12:28:58:

: :
: : the judge also noted that the first 'notice for rent or posession' which was 'supposedly' filled out at the court.. was 'forged, and that is misrepresentation, then he told my landlord that he was overlooking that and accepting it as the first notice.

: : Demand for Rent is by landlord, not by court here in NYC.

: : : i was wondering if this is legal? I am appealing the case, and therefore am not surrerendering the money owed to my landlord which was to be paid upon moving out (on the 25th). They are putting a judgement against me.. is this legal?? any help anyone can provide would be helpful. thank you

: : If you're appealing, ask for a stay of execution of the judgment or else they'll be able to attach your bank account, garnish wages, etc.

: i dont live in the city, i live in earlton which is in greene county. I have a strange feeling i've fallen victim to being an 'outsider' in a small town

By all means, ask for a stay of both the money judgment and the judgment for possession when you file the Notice of Appeal. This must be done ASAP.

Get a transcript of the hearing, make sure it is correct: get a tape of the hearing too. Include your objection to the Rent Demand in your appeal: this is jurisdictional, if they failed to follow the law exactly, the case must be dismissed.

Get a lawyer to help you with the appeal. Is there a 'Pro Se Attorney' at your courthouse? Call Legal Aid: if they can't take your case, they can give you a list of organizations that might. Find the Pro Se Alliance or call a bar association for a referral.

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