Legal Question in Landlord & Tenant Law in New York

When Do I file An Order to Show Cause

By a court ordered date of 11/28/06, my landlord expects ro receive all of my back rent owed. If he does not receive it, he then can ask the court to start final eviction proceedings and send the Marshall to my apt. I need to file an Order to Show Cause to extend the time because the DSS-Dept of Social Services needs more time to continue with the processing of my Emergency Excess Benefit Application.

I spoke to a lawyer yesterday who advised me to WAIT UNTIL the day AFTER I receive the final eviction notice from the Marshal.

I also spoke yesterday to a DSS worker who advised me to NOT WAIT. He said I should go by 11/28/06-the date the money is due.

WHO IS CORRECT?


Asked on 11/22/06, 10:33 am

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: When Do I file An Order to Show Cause

I recommend you go by the date the judgment comes due. If you wait to the eviction date, you are playing with fire and you risk running into a judge that will wonder why you waited passed the date of judgment and may decide your play games and be otherwise unsympathetic towards you. Don't play games with your home.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 11/22/06, 11:10 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: When Do I file An Order to Show Cause

Waiting til after you receive the final notice from the marshal is not uncommon if you are stalling for time.

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Answered on 11/22/06, 9:06 pm


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