What is the name of your state? Ny
After a small claims Hearing ( heard by a Hearing Officer of the Court ), If a Party files a Trial De Novo it "stays the original award ". The Entire case will be returned to the Court Calendar to be heard by a City Court Judge.
I was Plaintiff . I was awarded an amount . I was not satisfied,so I filed the Trial De Novo.
On the 16th of March 2004 I received the letter of Trial Date .
I also receive a M/O of the original award.
First ,what does "stay" mean in this case ?
Second, Should I take the un-endorsed M/O to Court ( 2 wks.)
or return it to the other Party ?
I was thinking of sending the Defendant a letter stating A Trial De Novo was filed and I have not cashed the M/O as the case was "stayed", and I will be bring the un-endorsed M/O to trial unless you notify me to return it to you , and also state If you wish to settled for the original amount I seek restitution for please inform me before trial start so I can subbmitt it to the court for approval .
After a small claims Hearing ( heard by a Hearing Officer of the Court ), If a Party files a Trial De Novo it "stays the original award ". The Entire case will be returned to the Court Calendar to be heard by a City Court Judge.
I was Plaintiff . I was awarded an amount . I was not satisfied,so I filed the Trial De Novo.
On the 16th of March 2004 I received the letter of Trial Date .
I also receive a M/O of the original award.
First ,what does "stay" mean in this case ?
Second, Should I take the un-endorsed M/O to Court ( 2 wks.)
or return it to the other Party ?
I was thinking of sending the Defendant a letter stating A Trial De Novo was filed and I have not cashed the M/O as the case was "stayed", and I will be bring the un-endorsed M/O to trial unless you notify me to return it to you , and also state If you wish to settled for the original amount I seek restitution for please inform me before trial start so I can subbmitt it to the court for approval .
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