Eviction...from a place I've never lived!!

[King KJ]

Here's the short story. After moving here '97, I hooked up w/ a broker who said he could get me a place. So I forked over the cash and after a few days of "workin' on it",the apt never happened. He put my wife and I up in a hotel for almost a week than disapeared,still owing us around $1500. I found our present address on my own and just sucked it up as a NYC living lesson. We've found/needed a bigger space and just as we're about to be approved,I'm called about an eviction in my name from '98. I spent all of last friday in the Bronx Housing Court(Hell!) and they tell me there's not much that I can do. I contacted the landlord and the lawyers who represent them(who filed this in the first place and I think is on the take). We have a court date this friday in which I hope they just give me a signed letter that this a case based on fraud. Whew! Has this ever happend to anyone out there?

[Lilly]

Are you saying that this "eviction" was from an apartment you never signed a lease for and never lived in?

[King KJ]

I signed w/ the broker to find an apt(or so I thought). And yes,I never saw the place,let alone move in. I also think the broker either placed someone else in (under my name) untill they were kicked out or forged my name to save his ass.
It seems like the lawyers(for the Apt Mgt) have filed this type bogus claim before. I hoping they'll call it all a mistake(they'll be lying,of course) and remove this damaging data off of my file.

[Lilly]

I would think the LL has the burden of proving that you lived there, especially since you deny having lived there. LL must furnish evidence: copy of your signed lease, copy of your security deposit check and rent payments, etc. You of course have all that and more from the place you actually lived in, including the Con-Ed Bill.

[King KJ]

In fact,I do. And thank you very much Lilly. I didn't think of that angle (LL showing proof),I was so worried about my showing proof. I plan on speaking to the LL's lawyers Monday and ask if they can draw up a signed letter by Wednesday(the owners of the apt we want need to see paperwork on how and what we're doing to fix this) and continue this in court Friday morning. Any other advice on how I should tone this conversation and deal w/ them in court would be helpful. Thanks in advance.