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Order to Show Cause?

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dubba61

Junior Member
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!
 


BL

Senior Member
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!
SHOULD I CHOOSE A JUDGE OR AN ARBITRATOR?

In Town and Village Courts and in many other courts, only judges are available to try cases. However, in New York City, Nassau and Westchester counties, the cities of Buffalo and Rochester, and some other locations, both judges and arbitrators are available to try cases.

An arbitrator is an experienced lawyer who serves without pay. Where arbitrators are used, there usually are many arbitrators available and only one or two judges. Your case can be tried by an arbitrator if both sides agree. If you and the defendant agree to have your case heard by an arbitrator, the case probably will be heard sooner because there are more arbitrators than judges.

Do not hesitate to have your case tried by an arbitrator. He or she will apply the same law to your case as the judge would apply. The hearing before an arbitrator is less formal, and you may not be as nervous as you might be before a judge. When an arbitrator determines a case, the decision is final and there is not further appeal by either the claimant or defendant.
This isn't an appeal ( Trial De Novo ).

File your answer that the matter was heard by an arbitrator and the decision is final in such cases .

Show up for oral arguments and state the same .That the matter was heard by an arbitrator and as such A,B,C,nor D should occur .

This is a way the lawyer is trying to manuver hoping you don't know what to do ,and trying to get the order vacated ,as you didn't comply with the order to show cause .
 

dubba61

Junior Member
Thank you, BL! I truly appreciate your advice on this matter.

Do you think we should be prepared to present all of our evidence again? And what do they mean by the "Affadavit of Service" that must be returned to the Clerk's Office within one week? All we received was the 2-page Order.

Thanks again!
 

BL

Senior Member
Thank you, BL! I truly appreciate your advice on this matter.

Do you think we should be prepared to present all of our evidence again? And what do they mean by the "Affadavit of Service" that must be returned to the Clerk's Office within one week? All we received was the 2-page Order.

Thanks again!
http://www.nycourts.gov/courts/nyc/civil/osc.shtml[/U]]New York City Civil Court

Read through here .There are down loadable forms also .

Weather you prepare and have served upon the other party the opposition ,be sure to show up in court .

Again in oral arguments reiterate an arbitrators decision is suppose to be final .

What were the reasons the other party is asking for the relief ?
 

dubba61

Junior Member
I'm not really sure. It does not specify what their reasons are on the Order, as far as I can tell. The Order opens up with:

"Upon the reading and the filing of the annexed Affirmation of [attorney's name], affirmed on the 22nd day of September, 2010, together with the exhibits annexed thereto, and upon all the pleadings and prceedings heretofore had herein,
Let the Plaintiff or her attorney show cause..."

I believe the defendant and her attorney requested adjournments due to conflicts in the attorney's schedule. But while the first Arbitrator we appeared in front of granted them an adjournment, she noted that this would be the final chance. When they tried to do the same thing right before our 2nd court date, the next Arbitrator did not allow another adjournment (as promised). They had been informed that the 2nd date was their final opportunity.

The defendant is an attorney herself. Not that she is not entitled to an attorney to represent her, but this is Small Claims Court! She and her attorney have been trying to intimidate us, confuse us, and continuously delay these proceedings. They have never appeared in Court and refuse to communicate with us. It has been extremely frustrating. So thank you for your help!
 

dubba61

Junior Member
RE: Order to Show Cause

Right. Thank you - so what does that mean for us next week? Is there any burden on us, or is it all on their side to show cause for another chance or something? I am still confused about the big picture here.

Thanks.
 

BL

Senior Member
Right. Thank you - so what does that mean for us next week? Is there any burden on us, or is it all on their side to show cause for another chance or something? I am still confused about the big picture here.

Thanks.
In my # 2 post .

Show up for oral arguments and state the same .That the matter was heard by an arbitrator and as such ( under the civil court procedures )A,B,C,nor D should occur .

If their side tries to throw a curevball ,remind the court the other side had a second chance before an arbitrator already and that the ruling should stand .

I bet they are hoping you do not show , or know what to say ,so they will get either A,B,C,D.

Yes the other side will have to try and show the court why A,B,C,or D should be granted ,and you will have to argue why any of it should be .
 

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