What is the name of your state (only U.S. law)? New York
Hello,
On Sept. 21, 2010 I won a judgment against my former landlord in Small Claims Court over the return of my security deposit. Neither she nor her attorney (she is also an atty, btw) appeared during our two court dates. On the first date, they requested an adjournment via mail and were granted one. They tried that again on the 2nd date, but the Arbitrator did not grant them another one. He heard our case as an inquest, saw our evidence and asked us questions, and then ruled that she should return my security deposit.
However, a week later I received an Order to Show Cause in the mail from my landlord's attorney, on the Court's letterhead. It was dated Sept. 23, two days after the judgment was issued. I am having trouble understanding what it means. It says:
"Let the plaintiff (me) show cause before this Court...why an order should not be made and entered herein:
A. Staying the entry of the default judgment in this matter.
B. Vacating the default judgment in this matter.
C. Restoring this matter to the Court's calendar for a trial.
D. For any such other and further relief as this Honorable Court may deem just and proper.
"...Sufficient reason appearing therefore, let service of a copy of this Order, together with papers upon which it is based by certified return receipt requested mail upon the Plaintiff... and the Sheriff of Suffolk County... on or before the 29th day of September, 2010, be deemed good and sufficient service thereof.
(And in handwriting): "Personal appearance is required and oral statements with be considered. This Order, together with Affidavit of Service, must be returned to the Clerk's Office by Oct. 6, 2010."
I apologize for the lengthy post! But could someone please explain this order in layman's terms? Is this like an appeal of the decision? I was under the impression that that would entail a trial du nuovo. Why would I need to present my evidence again? I thought the Arbitrator's judgment was just like that of a Judge. And why did I get this from her attorney, and not from the Court?
Thank you very much!
Hello,
On Sept. 21, 2010 I won a judgment against my former landlord in Small Claims Court over the return of my security deposit. Neither she nor her attorney (she is also an atty, btw) appeared during our two court dates. On the first date, they requested an adjournment via mail and were granted one. They tried that again on the 2nd date, but the Arbitrator did not grant them another one. He heard our case as an inquest, saw our evidence and asked us questions, and then ruled that she should return my security deposit.
However, a week later I received an Order to Show Cause in the mail from my landlord's attorney, on the Court's letterhead. It was dated Sept. 23, two days after the judgment was issued. I am having trouble understanding what it means. It says:
"Let the plaintiff (me) show cause before this Court...why an order should not be made and entered herein:
A. Staying the entry of the default judgment in this matter.
B. Vacating the default judgment in this matter.
C. Restoring this matter to the Court's calendar for a trial.
D. For any such other and further relief as this Honorable Court may deem just and proper.
"...Sufficient reason appearing therefore, let service of a copy of this Order, together with papers upon which it is based by certified return receipt requested mail upon the Plaintiff... and the Sheriff of Suffolk County... on or before the 29th day of September, 2010, be deemed good and sufficient service thereof.
(And in handwriting): "Personal appearance is required and oral statements with be considered. This Order, together with Affidavit of Service, must be returned to the Clerk's Office by Oct. 6, 2010."
I apologize for the lengthy post! But could someone please explain this order in layman's terms? Is this like an appeal of the decision? I was under the impression that that would entail a trial du nuovo. Why would I need to present my evidence again? I thought the Arbitrator's judgment was just like that of a Judge. And why did I get this from her attorney, and not from the Court?
Thank you very much!