eviction/back rent issues

[lilac28]

I live in NY state. I had an ongoing disagreement with my landlord about a mouse infestation and illegal entry (she was always going into my place when I was gone). After awhile of these abuses, I began holding rent until these issues stopped or were significantly improved. She gave me a 3 day notice of eviction, then we had a hearing. It is a really small area, out in the country. The hearing was presided over by a court clerk who had to constantly look up the law in a book as we were talking (no, really, he really did). He did not let me state my entire argument and I found out afterward he is good friends with the landlord and her attorney. I am very uncomfortable with this arrangement. I got a short stay, but I am being evicted in a week. he also arrived at an arbitrary amount of money that I must pay her - $1500. And this is where my questions arise: ~Do I really have to pay? Will she be able to do anything if I do not? If there is another hearing about the money, can I just not show up? What could be the potential dangers of that? I've heard of garnishing wages, is that a possibilibty or is that rare? ~~ This court cleark also didn't take my security deposit into account. Can I declare a mistrial? Can I do anything about the shortcomings of the hearing?

 

[lilac28]

Also, can I sue this woman for fraud? She asked me to leave after 1 month because she had changed her mind!!!!! She's a real piece of work.

 

[Baranov]

Looks like you had a fair hearing. If you do not show up the LL wins. Yes your wages can be garnished or you can be turned over to a collection service. You know how much rent you owe and the landlord can also attach attorney and court fees. You rental history is already damaged and you will shortly experience problems renting from any of the large rental companies or from LL's that check rental history. Sorry, but you are a looser for withholding rent or checking on your rights before acting.

 

[Gail in Georgia]

New York state does allow wage garnishment on owed debts.

Gail

 

[JETX]

Do I really have to pay?

Very likely. If you don't pay willingly, she (being a 'judgment creditor) has increased 'powers' to force you to pay. These include wage and bank garnishment, seizing your non-exempt property and filing a lien against your property.

Will she be able to do anything if I do not?

Yes..... see above.

If there is another hearing about the money, can I just not show up?

Yes. Then depending on what the hearing is about.... an arrest warrant could be issued against you (for contempt of court).

What could be the potential dangers of that?

See above.

I've heard of garnishing wages, is that a possibilibty or is that rare?

Not only possible.... but probable.

This court cleark also didn't take my security deposit into account. Can I declare a mistrial?

LOL!! No.

Can I do anything about the shortcomings of the hearing?

You can appeal the lower court hearing. You will need an attorney.

 

[treese]

The security deposit would not have been taken into account because you are still residing in the premises.

 

[Banned_Princess]

Looks like you had a fair hearing. If you do not show up the LL wins. Yes your wages can be garnished or you can be turned over to a collection service. You know how much rent you owe and the landlord can also attach attorney and court fees. You rental history is already damaged and you will shortly experience problems renting from any of the large rental companies or from LL's that check rental history. Sorry, but you are a looser for withholding rent or checking on your rights before acting.

You shouldn't have said any of this because it does not apply to OP.
1, as it was kindly pointed out by Gail, NY does not garnish wages for debts.
2, unless attorney fees were attached at the judgment it cant be attached later.
3. what makes you think that out in NY's country, there are any large rental companies or that op is even going to try that. Plus any private person renting out space, probably doesn't look at rental histories. I live in a bigger area, and I have never had a problem not paying my judgment or getting new apartments with my eviction.

4. he is not a looser, he had a loser LL.

You are a tenant basher.

 

[Banned_Princess]

NY does not allow garnishment for debts.

The security dep he gave LL can be used toward the judgment, so OP needs to go file that that amount was paid and to reflect the current debt.

If he doesn't go to the hearing about money that he doesn't even know if is going to happen, he will loose the hearing, and LL will be awarded whatever she is claiming.

LL would have to jump through hurtles to make op pay the debt, whatever is left after the security dep.

PS OP. if you are going to with hold rent you need to 1. separate the rent from the rest of your money by putting it in some sort of escrow. AND 2, set up a court hearing right away about why you are with holding. You cant just "not pay" and continue to live in the apartment "no problem"...

And you definitely should have made sure what you were doing was lawful.

 

[JETX]

NY does not allow garnishment for debts.

Hmmmm... where did you get that idea??
New York DOES allow wage garnishment!!
You need to READ NY 'Civil Practice Law and Rules', § 5231 ("Income execution").

Summary:
The maximum amount recoverable is ten percent (10%) of gross income, or the federal maximum, whichever is less. If the debtor is subject to garnishment for alimony, support or maintenance, the combined garnishments cannot exceed twenty-five percent (25%) of disposable earnings. Income executions are prioritized by order of delivery to the Sheriff, but garnishments for alimony support or maintenance always take priority. The execution is a two-stage process. First, the sheriff serves the execution on the debtor at his or her residence. If the debtor does not begin making payments within twenty (20) days, the sheriff levies on the employer.