Registered: 1362434968 Posts: 2
Reply with quote #1
Hi, Will try to make this as short as possible. I am here in NY from LA helping my mom with an eviction in a rental property (house) in suffolK county ny. I have been a property manager in Los angeles so I know a bit about it and have taken this as far as it is so far.
My mom is 85, all her wits and more Yet was conned by her tenant who owed over $85,000 in back rent. We brought it to the court, he didn't show, we obtained a default judgment for the rent plus interest for over 110.000 and a judgment for possession. the day after he (tenant) received the sherrifs 72 hr notice, he filed a bogus motion. We filed an opposition, showed up in court, showed the tenant he was going to be toast and then signed a stipulation. The stip was a bit complicated the terms were as follow: tenant was to stip to the judgment amount. He requested to have 2 llcs that he claimed to have full control of put on as additional judgment debtors and make payments commencing the following week and ending in Aug of this year. He also stiped to the eviction (which had been stayed) to be stayed until the 3rd of march to give him time to move. The idea was to have him make a small down payment (to get his checking acct #) and let him stay on so that service could be effected in the form of info subpoenas. The judge ordered the stip in place, the tenant did not make his first payment. I asked for an information subpoena and one was issued. I went back for more 2 days later and was told that they could not issue anymore and the previous one would not be good. Just kept telling me my mom would her from the judge but not within what time frame. There are assets available in the llcs and are fairly difficult to move. We got the judges order which vacated the judgments from the 2 llcs and stayed the eviction and the judgement against the tenant until the 13th of march. PS the tenant has moved But we do not have possesion. Apparently from reading the judge's order the stay on the warrant of evivt was because the court assumed that the llcs were tenants and questioned the tenants authority to enter into agreements for them. I presented a letter to the clerk today, stating that we did not oppose the removal of the 2 llcs from the judgment pending a conference where the tenant has to prove authority to the court. However, we pointed out that the inclusion of the 2 llcs on the amended eviction warrent was a clerical error as we had not included them in the first action, nor, at the time of the stipulation. and requested they be removed from the eviction warrant so that we might proceed towards possesion. The clerk was unhelpful, said nothing could be done prior to the march 13th conference and refused to issue the info subpoenas even though sec 5223 is un ambiguous about ones right to have them issued in this instance. Because I do not wish to continue to have to have my mom dragged out to LI from NYC does anyone know any instance where I might be able to stand in for her Me not having a law degree? Thanks for listening. Waiting to go back to la sunshine and warmth!
Registered: 1366691795 Posts: 17
Reply with quote #2
Unfortunately the law is that parties must either represent themselves or have an attorney represent them. The easy solution would be to just hire a lawyer. If you or your Mom can't afford an attorney, there are a few other solutions:
1) Amend the complaint to add yourself to the case as a plaintiff. You would then have standing to appear before the Court on your own behalf, but I don't know if you have any relation to this case other than the relationship with your Mom, which unfortunately isn't enough. You could consult an attorney to see if this is an option. 2) Be your Mom's conservator or guardian. I don't recommend this one unless you were already your Mom's guardian or conservator because you would be declaring that your Mom is legally unfit to take care of herself and that you are the substitute decision-maker for her. I'm also unsure how long this process would take to be appointed as such a conservator or guardian. Still this is an option if you're desperate.
Registered: 1362434968 Posts: 2
Reply with quote #3
Hi Jay, thank you for your input.
Fortunately, the court has turned out to be fairly understanding and a bit informal allowing me to make the arguments for my mom while she is present. I am back in LA now so I wi wait to send off the info subpoenas until I return and see where they lead. Thanks again for your suggestions.