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Give 30 days before requesting payment on judgment
by A tenant (NY)
on May 3, 2011 @10:01
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I won a small claims court case against my ex-slumlord who constructively evicted us then kept our security deposit (2100$) and cut off all contact with us. We left the apartment in great condition, with proof of pictures and everything. No reason to withhold the deposit, other than us leaving early (which we only did because the furnace was never installed). He did not come to court, after adjourning our previous court date back in January. I did not expect him to show, and the judge moved forward with an inquest and ruled in my favor for the full amount of my deposit, plus interest and fees. Judgment was filed last Monday and of course I have not heard anything from the defendant. I know it's a little different since he defaulted by not showing but do I need to give him 30 days before I start requesting my money? I know he has 30 days to request an appeal but by not showing, especially after adjourning it back in January, I don't think he will have a chance to successfully vacate the judgment and bring the case to the court again. I fully plan to file a writ of execution with the Sheriff after the 30 days, since I know he will not pay. My stance this whole time (we have been dealing with this since September 2010) was to be polite and professional, but I have not received the same back.
What would you guys do? I know this is the opposite audience for the forum but you guys know your stuff :)
Thanks.
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Re: Give 30 days before requesting payment on judgment
by Anonymous
on May 3, 2011 @12:45
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You probably have to wait the 30 days for his appeal even though he did not show up. Remember to put a lien all property you can find of his, so he cannot refinance or sell without paying you. Then if he has some equity, you can foreclose if you have too.
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Re: Give 30 days before requesting payment on judgment
by ERIC
on May 3, 2011 @12:46
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I think you have to wait until the appeal period is over. Your Court people can give you the answers as to waiting period, etc. Most Courts also have a FAQ section on their web sites that is helpful. You will be able to get a lien on his personal residence and even garnish his wages. Landlords that are not professional really bug me.
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Re: Give 30 days before requesting payment on judgment
by Anom (y-must)
on May 3, 2011 @16:56
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hey LL's this whole string with this guy is a sham, it's a disgruntled evicted T. He cannot find an apartment and has the ruling against him in NY State Housing Court - he didn't pay his rent for 4 months - would you like to have him as your T?; and the heating system was there, they sold it to 'handymen' to suppor their habit
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