Posted by Mark Smith on October 19, 2000 at 09:45:42:
In Reply to: false judgement? posted by AJB on October 18, 2000 at 16:22:00:
You should go to housing court and make a motion to vacate the default judgment, using an order to show cause, in case the landlord tries to obtain and execute a warrant of eviction. The pro se attorney and the court clerk can provide the forms and advice about filling them out and serving them.
In your court papers, tell about your conversation with the landlord regarding the landlord discontinuing the case. Refer to the cancelled checks and attach copies of both sides of the checks to the court papers. Ask the court to vacate the judgment, because payment was accepted by the landlord before the court date. Also ask the court for sanctions against the landlord, for violating the agreement to discontinue the case and for obtaining a default judgment after the landlord had cashed both checks.
: I'm in a NYC rent-stabilized apt. My landlord won a judgement against for two months rent already paid! What can I do?
: The story: I mailed my landlord two checks for two months rent owed. I had already received a legal notice about this, to which I responded in person. The clerk I spoke with said I should bring proof of payment, and we set a court date for a week later.
: At that time only one of the two rents had been cashed by the landlord. I then spoke with our landlord
: who said he had received the second check and would not pursue the case in court.
: He "promised" to drop the case and said we didn't need to go to court.
: The second check was cashed a couple of days before the court date and I thought the matter was over.
: We just received a notice that he won a judgement against us for those two months owed (legal fees/late were apparently dismissed)!
: What can I do? Did he do something illegal?
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