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I have a 3 year old, car was impounded not at fault

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DTur0619

Junior Member
What is the name of your state? New York

Last year, i moved into an apartment with my boyfriend from January 2004 through October 2004. He lived there until January 2005, But i vacated the premises in October (this was known, understood, and accepted by the landlord) because he had lost his job back in March and I couldn;t pay the rent by myself anymore, especially with a 3 year old child. He stayed there from November through January, because the landlord tenant court (I know this post is for small claims, and that's what this will turn into later on) granted him residence there until January 3, 2005. He vacated January 2, 2005. The rent wasn't paid for November and December and the landlord took us to the landlord tenant court for the money. The judge ordered us to pay 2,000.00, but we had a countersuit, so nothing had to be paid until the result of that countersuit. Our landlord finally vacated that petition and took us to small claims court instead and sued us for the maximum $5000.00. I did not go to that court date because i had in writing that my boyfriend will take full responsibility for it, and since the months in question were for after i vacated the premises, i was not responsible for the rent. Well, he didn't show up for that court date either, and there was a default judgement, and the sheriff impounded my car. I filed an order to show cause along with my BF, and he stated that he was fully responsible for eveything, and not me. They denied this, and this is supposed to go to the supreme court tomorrow, where he is going to throw himself on the mercy of the court to get my car back so i could go to work to support my daughter, and he is willing to pay 700.00 a month (which is all he could afford right now) for about 8 months until it is paid off. Anything else i could do to get my car back? it is due to go up for sale a week from today. Please help me. :confused:
 


You Are Guilty

Senior Member
While I'm a bit confused as to how you ended up in Supreme Court, there's not much you can do until the judge rules. You can, I suppose, file an Order to Show Cause requesting the Court prohibit the sale of your vehicle pending the outcome of the collection case, but they may be reluctant to sign it.

In the interim, you might want to give your "boyfriend" a swift kick in the nuts for putting you in this position.
 

DTur0619

Junior Member
Thanks you Are Guilty

Thanks for the reply. i ended up in supreme court because the order to show cause was denied in small claims.

As far as kicking my "boyfriend in the nuts"... it's already been taken into consideration.
 

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