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Posted by Mark Smith on December 31, 1998 at 17:22:05:

In Reply to: Collecting an award/security deposit after the fact posted by DJeannette on December 31, 1998 at 17:14:20:

You could serve restraining notices on the tenants, requiring them to hold back twice the amount of the judgment, until the sheriff or a marshal can levy on the withheld rents. If enough of the tenants do this, that should get your landlord's attention.

: My landlord never put my security deposit in an escrow account -
: when I questioned him on it and moved out he withheld the total amount $850.
: I took him to small claims and won but so far have not been able
: to collect the money.I had the services of a marshal look into his bank
: account but it is under his and his wife's name. Now I need to obtain
: what is called a "turnover" order to gain access to the funds in the bank
: account but NYPIRG and even the small claims clerk's office do not how to go
: about obtaining this turnover order. Everyone says to get a lawyer but since
: the judgement is only $850, lawyers have not been that interested in this, plus
: I do not want to end up spending the security deposit $$ on lawyers fee if there
: is some way I can do it myself.

: Any suggestions or advice is greatly appreciated.
:

Follow Ups:

• Re: Collecting an award/security deposit after the fact djeannette 1/04/99 (2)
  • Re: Collecting an award/security deposit after the fact Mark Smith 1/05/99 (1)
    • Re: Collecting an award/security deposit after the fact djeannette 1/05/99 (0)

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Comments:
: You could serve restraining notices on the tenants, requiring them to hold back twice the amount of the judgment, until the sheriff or a marshal can levy on the withheld rents.  If enough of the tenants do this, that should get your landlord's attention.  

: 
: : My landlord never put my security deposit in an escrow account - 
: : when I questioned him on it and moved out he withheld the total amount $850. 
: : I took him to small claims and won but so far have not been able 
: : to collect the money.I had the services of a marshal look into his bank
: : account but it is under his and his wife's name. Now I need to obtain
: : what is called a "turnover" order to gain access to the funds in the bank
: : account but NYPIRG and even the small claims clerk's office do not how to go 
: : about obtaining this turnover order. Everyone says to get a lawyer but since 
: : the judgement is only $850, lawyers have not been that interested in this, plus 
: : I do not want to end up spending the security deposit $$ on lawyers fee if there
: : is some way I can do it myself.

: : Any suggestions or advice is greatly appreciated. 
: :  


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