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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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A party has not foreclosed on a lien they placed over 2 years

Resolved Question:

A party has not foreclosed on a lien they placed over 2 years ago on my apt. and my apt building, Since I was required to put the money being held by the Dept of Finance. The staritury period has passed I need the judge to vacate the lien. I have filed the OSC and showed up for the hearing today. The judge ajourned for 2 weeks because I was 2 days late in sending the service the due to the very fast serve date.The party who issued the lien did not show up. And now I am required to notify him of the new return date.What should that letter say,and to hopefully discourage him from showing up this next time. I will have to bring a copy of the letter to the judge.
my rough draft
In accordance with the law, I am obligated to let you know that there has been an adjournment regarding the OSC proceeding in order to vacate the lien titled xxxxx xxxx vs xx x xxxxx
The original date was April 23,2013. The return date is May 7, 2013.
____________________________
____________________________
signed
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am very glad to hear that you won the first hearing. One concern here is if you write the letter in a manner that ends up being abrasive and unprofessional since that the judge may hold against you and simply claim lack of proper notice. The letter does not have to be overly complicated, all you need to do is inform the individual of the new date, put in the docket number of the hearing (if you know it), and simply state in the letter that his presence is requested pertaining to the case that you are having heard (in the case vacate the lien). For example:

"
To whom it may concern,

Please be advised that there was an adjournment ordered pertaining to the OSC proceeding on vacating the lien. The new date is [date]. Your presence is requested in accordance with the law.

"

Good luck.

Customer: replied 11 months ago.

Re :"What should that letter say,and to hopefully discourage him from showing up this next time."


 


Your suggestion is an invitation to the hearing ,my intention and obligation is to make him aware ,not invite him. Please retink the wording.

Expert:  Dimitry K., Esq. replied 11 months ago.

Janet,

Thank you for your follow-up. I realize my letter is more inviting but please look to my first point. Judges are usually fairly perceptive, and if they see that your letter does not properly inform them of the hearing date, they may refuse to allow the subsequent hearing to take place. So no, you cannot 'discourage' them from appearing even in tone--the letter has to be tone neutral, and not written with a subtle undertone of a desire to not appear. This is being said from personal experience--if the letter does not clearly spell out the necessity for appearing, a judge can rule against you, something that one of my past clients personally experienced before I ended up getting involved.

Please take care.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 35586
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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