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In NY State is there a statute of limitations on an eviction…

Customer Question
In NY State is...

In NY State is there a statute of limitations on an eviction warrant,

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

NY

Lawyer's Assistant: Has anything been filed or reported?

Yes I have a Bankruptcy filed with the court and a Bankruptcy stay

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The Marshal just put me out of my house and I have children, They told me I need to go to court today to settle this.

Submitted: 10 months ago.Category: Legal
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Answered in 3 minutes by:
9/22/2017
Lawyer: KLAW, Lawyer replied 10 months ago
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,475
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Good morning. Are you the owner of the property or a tenant?

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Customer reply replied 10 months ago
I was the former owner, my house was purchased in a in an auction after foreclosure.
Lawyer: KLAW, Lawyer replied 10 months ago

I can't do a phone call at this time but I can type your answer.

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Customer reply replied 10 months ago
ok
Customer reply replied 10 months ago
I am going to the eviction court right now to dispute the warrant what CPLR can I use?
Lawyer: KLAW, Lawyer replied 10 months ago

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

A little background. In your circumstances the filing for bankruptcy can allow you to stay in your old home despite an eviction proceeding. Whether or not the eviction will be entirely stopped depends on whether the new owner has a warrant and a judgment of possession against you.

When a bankruptcy case is filed an “automatic stay” is immediately imposed that prevents your creditors, and the new owner. Landlords however have been given some legal exemptions against this automatic stay as it relates to evictions, so the timing of your bankruptcy filing will have an effect.

If your bankruptcy was filed after your landlord has obtained a warrant and a judgment of possession against you then the “bankruptcy stay” is not automatic. On page three of the bankruptcy petition you are asked if your landlord has a judgment of possession against you. If so, then to stop the eviction you must declare that under New York state bankruptcy laws you have the legal right to cure the default. At this time you will also need to leave a deposit with the bankruptcy court clerk for the amount of rent that will be owed to your landlord within 30 days of the filing. You will then be given another 30 days to repay all past due rent owed to your landlord even if they have a judgment against you- effectively buying you some time and preventing the eviction.

To stop the eviction and give you more time you can go back into the court and file an order to show cause to stay the warrant. If the court signs the Order then the case will be set down for another hearing to determine I he bankruptcy stay will stop the eviction process. At this point you need to go back to the court an file the emergency order to show cause, and when the judge signs it call the Marshall and form them that you have a signed order and you are to be let back into the property.

I hope this clarifies and helps.

It was a pleasure assisting you today, and I would appreciate if you would rate my service with stars, so I will receive credit and payment for my work. I will not receive payment for assisting you today, unless you rate the question. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions

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Customer reply replied 10 months ago
the warrant was issued April 13 of this year
Lawyer: KLAW, Lawyer replied 10 months ago

To Get the Order To Show Cause, Follow These Steps.

  • Get a blank Order to Show Cause and Affidavit from the Clerk of the Housing Court. You must have with you some paper from your case that shows your index number.

     

  • Fill in the Affidavit explaining why you oppose the eviction and need it stopped. You must state that you have children and you can also present any medical conditions about any of the occupants in the papers.

     


    You must also list the bankruptcy as another reason to stop the eviction and Marshall. . You must also list your defenses to non-payment of rent (for more on defenses above). The Clerk will notarize the Affidavit.

     

  • The Clerk will fill in the dates on the Order to Show Cause, including the date on which you must return to court. The Clerk will tell you where to take the Order to Show Cause to get a judge to sign it. The Clerk will also give you a blank affidavit of service.

     

  • The judge will read your Affidavit and decide whether to sign the Order , which they usually do.
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Lawyer: KLAW, Lawyer replied 10 months ago
Please let me know if you have any other questions
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