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Re: Order to Show cause
by MrDan
on October 23, 2016 @20:11
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This is not an 'appeal' of the courts decision. Your tenant is asking the court to set aside the default judgement by filing a 'Order to show cause'. If the judge grants or has granted the order to show cause, the case will be set aside and a new court date will be set and all parties notified.
You should not spend time worrying about why the tenant failed to show in court, but instead insuring that you can prove your case.
If the judge does not grant the 'order to show cause', then the original judgement will be upheld. The tenant may then file an appeal by following the State appeals process.
If you do receive a copy of the ' order to show cause', it should state what the tenant is asking the court to do. It could be as simple as the default judgement amount is in disagreement.
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Re: Order to Show cause
by Jennie (Nys)
on October 23, 2016 @21:30
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Mr dan thanks for the information. I believe I can prove my case. Where can I research state appeal inform?
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Re: Order to Show cause
by MrDan
on October 23, 2016 @21:57
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[ Reply ]
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New York Appeals
The chances that the tenant would appeal is small, as the court would require the judgement amount to be paid into the court system pending the outcome.
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