Do I need a lawyer, etc. ? (Brooklyn, NY)

Do I need a lawyer, etc. ? (Brooklyn, NY) by Thomas on May 8, 2012 @19:00

I am in he process of evicting a tenant and I have just learned my attorney was served with an OSC Eviction Stay. It seems the tenant wants the court to provide proof she can take to NYCHA Sec 8 that all rents were paid as per the final judgement. However, the tenant has made no such payment - not since October 2011! She keeps presenting carbon copies of checks she never wrote as her proof. However, she's always had to pay her rent by money order or cashier's check since she bounced personal checks on more than one occasion.

I am stunned that I even have to appear before the judge for such a blatantly fraudulent claim; I had decided simply to report the non-payment to the credit bureaus.I cannot believe a judge even entertained this (this is why Kings County Housing is so backed up). Even worse, it's taken me months to get to this point while the tenant was able to get a stay on the docket so quickly (the Warrant was issue 5/1, we appear 5/11)

My question is, do I need to have an attorney present for this? My attorney says I can answer this myself and to just tell them I wish to proceed without an attorney. I would prefer to do this without counsel, but I'm a little concerned they may adjourn the case and insist I appear with one.

Also, I'm sure she's breaking some law presenting falsified evidence. How do I address this to the judge to take action against her? I've really had enough of this tenant.

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Re: Do I need a lawyer, etc. ? (Brooklyn, NY) by Anonymous on May 8, 2012 @19:33	[ Reply ]

I would advise you to proceed with your attorney even though he is correct that you can do all of it on your own. From what you wrote, this situation is becoming more complex and the tenant lies her way though the court system in order to get one over on you and the the city. The judge is smart and knows that a carbon copy of an uncashed check is not proof of payment. A copy of the cashed check would be proof of payment. The judge or your lawyer will tell this to her. What happens from then on in regards to any punishments for her, is out of your hands.

Re: Do I need a lawyer, etc. ? (Brooklyn, NY)

Re: Do I need a lawyer, etc. ? (Brooklyn, NY) by Mark on May 9, 2012 @08:59	[ Reply ]

You say the tenant always had to pay her rent by money order or cashiers check since she bounced personal checks. So are you saying she has paid rent with cashier checks or money orders? This has gone on for seven months! A Judge would not issue an eviction stay unless their was some compelling proof.

Re: Do I need a lawyer, etc. ? (Brooklyn, NY) by Mark on May 9, 2012 @09:09	[ Reply ]

You say the tenant always had to pay her rent by money order or cashiers check since she bounced personal checks. So are you saying she has paid rent with cashier checks or money orders? This has gone on for seven months! A Judge would not issue an eviction stay unless their was some compelling proof.

Re: Do I need a lawyer, etc. ? (Brooklyn, NY)

Re: Do I need a lawyer, etc. ? (Brooklyn, NY) by Susan on May 9, 2012 @10:03	[ Reply ]

You need to file an 'Affidavit of Opposition' asap opposing the tenant's request for 'Order to Show Cause'. You need to be sure that the court hears both motions at the same time. The judge can take up to 30 days to render a decision on your case if it is not opposed and defeated in court.

Re: Do I need a lawyer, etc. ? (Brooklyn, NY)