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Does interest automatically accrue on court judgements in NYC?

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  • Does interest automatically accrue on court judgements in NYC?

    Hi! My aunt had a judgement against her for about $36,000 awarded to
    lawyers for legal fees. She has not been able to pay this sum for over
    a year, and now the lawyers want around $90,000 due to interest. Would
    this be specified in the text of the original judgement? Or is this an
    automatic interest that is standard in judgements?

    Thanks!

  • #2
    Does interest automatically accrue on court judgements in NYC?


    "TekWiz" <[email protected]> wrote in message
    news[email protected]
    Hi! My aunt had a judgement against her for about $36,000 awarded to lawyers for legal fees. She has not been able to pay this sum for over a year, and now the lawyers want around $90,000 due to interest. Would this be specified in the text of the original judgement? Or is this an automatic interest that is standard in judgements? Thanks!
    It depends on your state. In California, there is a law that says judgments
    accrue interest at 10%. 200% sounds excessive to me. Check the original
    judgment, and consult with a local lawyer.


    Comment


    • #3
      Does interest automatically accrue on court judgements in NYC?


      "TekWiz" <[email protected]> wrote in message
      news[email protected]
      Hi! My aunt had a judgement against her for about $36,000 awarded to lawyers for legal fees. She has not been able to pay this sum for over a year, and now the lawyers want around $90,000 due to interest. Would this be specified in the text of the original judgement? Or is this an automatic interest that is standard in judgements? Thanks!
      It depends on your state. In California, there is a law that says judgments
      accrue interest at 10%. 200% sounds excessive to me. Check the original
      judgment, and consult with a local lawyer.


      Comment


      • #4
        Does interest automatically accrue on court judgements in NYC?

        "TekWiz" <[email protected]> wrote in message
        news[email protected]
        Hi! My aunt had a judgement against her for about $36,000 awarded to lawyers for legal fees. She has not been able to pay this sum for over a year, and now the lawyers want around $90,000 due to interest. Would this be specified in the text of the original judgement? Or is this an automatic interest that is standard in judgements?
        If the judgment is $36,000 and is one year old and the interest for one year
        is $54,000, what your aunt should do is make an appointment with an attorney
        experienced in cases involving the Fair Debt Collection Practices Act. That
        attorney will tell her whether New York's usury laws apply to judgments and
        whether that law would be violated by a rate of 150% per year. If so, her
        attorney probably will advise her to somehow get the law firm (creditor
        herein) to tell her in writing how much she owes. Or maybe the lawyer will
        get the evidence some other way such as having your aunt make a call to ask
        how much she owes, while the lawyer and an independent witness are listening
        on an extension. If the creditor has tried to collect more than is owed
        under the law, that is a violation of the Fair Debt Collection Practices
        Act. Her attorney, working on a contingency fee basis, will file suit
        against the creditor. The end result should be that the creditor owes more
        to your aunt than she owes to them. After her attorney collects and takes
        the attorney's share, your aunt should receive plenty, and should owe
        nothing. I could look up New York law and try to be more definite about
        what should happen, but that would be unreliable and would be wasted effort,
        because she would need to see a New York attorney to get reliable answers
        anyway.

        This answer must not be relied on as legal advice for the reasons posted
        here: http://mcgyverdisclaimer.blogspot.com

        McGyver


        Comment


        • #5
          Does interest automatically accrue on court judgements in NYC?

          "TekWiz" <[email protected]> wrote in message
          news[email protected]
          Hi! My aunt had a judgement against her for about $36,000 awarded to lawyers for legal fees. She has not been able to pay this sum for over a year, and now the lawyers want around $90,000 due to interest. Would this be specified in the text of the original judgement? Or is this an automatic interest that is standard in judgements?
          If the judgment is $36,000 and is one year old and the interest for one year
          is $54,000, what your aunt should do is make an appointment with an attorney
          experienced in cases involving the Fair Debt Collection Practices Act. That
          attorney will tell her whether New York's usury laws apply to judgments and
          whether that law would be violated by a rate of 150% per year. If so, her
          attorney probably will advise her to somehow get the law firm (creditor
          herein) to tell her in writing how much she owes. Or maybe the lawyer will
          get the evidence some other way such as having your aunt make a call to ask
          how much she owes, while the lawyer and an independent witness are listening
          on an extension. If the creditor has tried to collect more than is owed
          under the law, that is a violation of the Fair Debt Collection Practices
          Act. Her attorney, working on a contingency fee basis, will file suit
          against the creditor. The end result should be that the creditor owes more
          to your aunt than she owes to them. After her attorney collects and takes
          the attorney's share, your aunt should receive plenty, and should owe
          nothing. I could look up New York law and try to be more definite about
          what should happen, but that would be unreliable and would be wasted effort,
          because she would need to see a New York attorney to get reliable answers
          anyway.

          This answer must not be relied on as legal advice for the reasons posted
          here: http://mcgyverdisclaimer.blogspot.com

          McGyver


          Comment


          • #6
            Does interest automatically accrue on court judgements in NYC?

            TekWiz <[email protected]> wrote:
            My aunt had a judgement against her for about $36,000 awarded tolawyers for legal fees. She has not been able to pay this sum for overa year, and now the lawyers want around $90,000 due to interest. Wouldthis be specified in the text of the original judgement? Or is this anautomatic interest that is standard in judgements? Thanks!
            Unless the particular N.Y. money judgment or order directing the
            payment of money at issue itself provides otherwise, such a judgment
            "shall bear interest from the state of . . . entry" or, in the case of
            orders, "from the date of . . . docketing" (N.Y. CPLR 5003) at the
            rate of nine percent annually unless, for some particular such
            judgment or order, otherwise provided by law (N.Y. CPLR 5004).

            Your related vaguely implied question whether $54,000 is the correct
            or is an excessive amount for interest in light of the "about $36,000
            [principal sum] awarded" is not answerable not only because you do not
            report exactly how much time "over a year" has elapsed since the
            judgment's entry but also because you do not report whether the money
            judgment in question directly or in effect required the calculation
            and payment of prejudgment interest in addition to the principal sum
            awarded (re. which, see N.Y. CPLR 5001).

            Comment


            • #7
              Does interest automatically accrue on court judgements in NYC?

              TekWiz <[email protected]> wrote:
              My aunt had a judgement against her for about $36,000 awarded tolawyers for legal fees. She has not been able to pay this sum for overa year, and now the lawyers want around $90,000 due to interest. Wouldthis be specified in the text of the original judgement? Or is this anautomatic interest that is standard in judgements? Thanks!
              Unless the particular N.Y. money judgment or order directing the
              payment of money at issue itself provides otherwise, such a judgment
              "shall bear interest from the state of . . . entry" or, in the case of
              orders, "from the date of . . . docketing" (N.Y. CPLR 5003) at the
              rate of nine percent annually unless, for some particular such
              judgment or order, otherwise provided by law (N.Y. CPLR 5004).

              Your related vaguely implied question whether $54,000 is the correct
              or is an excessive amount for interest in light of the "about $36,000
              [principal sum] awarded" is not answerable not only because you do not
              report exactly how much time "over a year" has elapsed since the
              judgment's entry but also because you do not report whether the money
              judgment in question directly or in effect required the calculation
              and payment of prejudgment interest in addition to the principal sum
              awarded (re. which, see N.Y. CPLR 5001).

              Comment


              • #8
                Does interest automatically accrue on court judgements in NYC?

                On Tue, 18 Apr 2006, [email protected] wrote:
                [ typographical error alert ] * * * ". . . from the state of . . . entry" . . . .
                As the context probably anyway showed, its: "from the date [sic] of
                entry" . . . .

                Comment


                • #9
                  Does interest automatically accrue on court judgements in NYC?

                  On Tue, 18 Apr 2006, [email protected] wrote:
                  [ typographical error alert ] * * * ". . . from the state of . . . entry" . . . .
                  As the context probably anyway showed, its: "from the date [sic] of
                  entry" . . . .

                  Comment


                  • #10
                    Does interest automatically accrue on court judgements in NYC?


                    "TekWiz" <[email protected]> wrote in message
                    news[email protected]
                    Hi! My aunt had a judgement against her for about $36,000 awarded to lawyers for legal fees.
                    Uhhhh... WHICH izzit? A 36k *Judgment* including Lawyer's Fees or 36k in
                    Lawyer's Fees *alone*?
                    She has not been able to pay this sum for over a year, and now the lawyers want around $90,000 due to interest.
                    This "Judgment" is *ONLY* one Year Old? Or has Auntie *ONLY* been Unable
                    to make Payments for One Year on a... what? Ten Year Old Judgment? Accruing
                    interest over MUCH MORE than Just One Year?

                    So The Lawyers are Now Demanding an ADDITIONAL 54k in Accrued Interest?
                    [People in hell want Ice Tea... I WONDER how Often they get it...]

                    The Demand could ALSO be a Cheap Scum Lawyer TRICK to FRIGHTEN
                    Misinformed Auntie into Paying IMMEDIATELY the ENTIRE Judgment...

                    Of Course, 150%apr is _USURY_ [ILLEGAL/UNenforceable] No Matter Where you
                    are... With The Possible Exception of SopranoLand... or with the IRS...
                    Would this be specified in the text of the original judgement? Or is this an automatic interest that is standard in judgements?
                    Can't answer until you clear up some Inconsistencies/Patent
                    Absurdities...

                    *In Colorado* the Prevailing Party MUST REQUEST "pre" and/or "post" Trial
                    Interest "At the Legal Rate"... last I looked, that "Legal Rate" was
                    8%apr...

                    It's just INcomprehensible to me that ANY Lawyer would DARE to Demand a
                    150% [USURY] Interest Rate...

                    Please DO get with your Auntie and clear Up this Obvious Confusion WRT
                    that 54k in "interest"... Inquiring Minds Want To Know...
                    Thanks!
                    Naughtius "Tell `Em T'BLOW It Out Their Collective ***..." Maximus
                    --
                    "...He's a Rebel
                    And he'll never ever be any good
                    He's a Rebel `cause
                    He never ever does what he should..."

                    "The FIRST thing we do, let's KILL all the TVs"

                    "...And those that are Fools
                    Let them use their Talents..."

                    COMING SOON: naughtius.org


                    Comment


                    • #11
                      Does interest automatically accrue on court judgements in NYC?


                      "TekWiz" <[email protected]> wrote in message
                      news[email protected]
                      Hi! My aunt had a judgement against her for about $36,000 awarded to lawyers for legal fees.
                      Uhhhh... WHICH izzit? A 36k *Judgment* including Lawyer's Fees or 36k in
                      Lawyer's Fees *alone*?
                      She has not been able to pay this sum for over a year, and now the lawyers want around $90,000 due to interest.
                      This "Judgment" is *ONLY* one Year Old? Or has Auntie *ONLY* been Unable
                      to make Payments for One Year on a... what? Ten Year Old Judgment? Accruing
                      interest over MUCH MORE than Just One Year?

                      So The Lawyers are Now Demanding an ADDITIONAL 54k in Accrued Interest?
                      [People in hell want Ice Tea... I WONDER how Often they get it...]

                      The Demand could ALSO be a Cheap Scum Lawyer TRICK to FRIGHTEN
                      Misinformed Auntie into Paying IMMEDIATELY the ENTIRE Judgment...

                      Of Course, 150%apr is _USURY_ [ILLEGAL/UNenforceable] No Matter Where you
                      are... With The Possible Exception of SopranoLand... or with the IRS...
                      Would this be specified in the text of the original judgement? Or is this an automatic interest that is standard in judgements?
                      Can't answer until you clear up some Inconsistencies/Patent
                      Absurdities...

                      *In Colorado* the Prevailing Party MUST REQUEST "pre" and/or "post" Trial
                      Interest "At the Legal Rate"... last I looked, that "Legal Rate" was
                      8%apr...

                      It's just INcomprehensible to me that ANY Lawyer would DARE to Demand a
                      150% [USURY] Interest Rate...

                      Please DO get with your Auntie and clear Up this Obvious Confusion WRT
                      that 54k in "interest"... Inquiring Minds Want To Know...
                      Thanks!
                      Naughtius "Tell `Em T'BLOW It Out Their Collective ***..." Maximus
                      --
                      "...He's a Rebel
                      And he'll never ever be any good
                      He's a Rebel `cause
                      He never ever does what he should..."

                      "The FIRST thing we do, let's KILL all the TVs"

                      "...And those that are Fools
                      Let them use their Talents..."

                      COMING SOON: naughtius.org


                      Comment


                      • #12
                        Does interest automatically accrue on court judgements in NYC?

                        I'm now more updated on the exact details. The judgement was in 2003.
                        It was $37,744. After a year, the lawyers sent this to the NY
                        Marshall's office and added 9% interest which made it around $42,000.
                        They made the tenant send her rent of $1600/mo to the marshall and
                        over the course of a year, the marshall got $19,200. So now the
                        remaining balance at the marshall is about $26,000.

                        However the lawyers are asking for $89,000 and didn't take off the
                        $19,200 the marshall got (they took the money from the marshall every
                        month). Instead the ADDED the $19,200 to the $89,000!

                        Why do they want more money? They claim that since my aunt appealed
                        the judgement by the referee in 2003 (she wasn't there to defend
                        herself since her lawyer at the time gave her the wrong date!) they
                        incurred additional fees since they had to challenge the appeal. BUT
                        THE APPEALS WERE REJECTED BY THE COURT-THERE WERE NEVER ANY TRIALS.
                        THE COURTS REFUSED TO HEAR AN APPEAL! The lawyers sent 1 or 2 pages to
                        court every time an appeal was requested, to challenge it. ($89,000
                        for a couple sheets sent to the court every time?)

                        MY QUESTION IS: Is it legal for the lawyers to ask for $89,000 (minus
                        $12,000 for the remaining mortgage) for the appeals which NEVER MADE
                        IT TO COURT? Or can they only get the original $37,744 plus the
                        calculated interest over the 3 years minus the $19,200 they already
                        got from the Marshall?

                        Thanks for all the advice and help. My aunt is totally desperate and
                        she is in danger of not only losing the co-op but in danger of being
                        evicted from her own apartment since she can't pay her rent due to the
                        debts she is in (she borrowed money at 25% and she can't pay the
                        interest) due to this debacle.

                        Tek.


                        On Tue, 18 Apr 2006 11:29:21 -0600, "EvilOppressorOfConservatives"
                        <Shakespeare'[email protected]> wrote:
                        "TekWiz" <[email protected]> wrote in messagenews[email protected]
                        Hi! My aunt had a judgement against her for about $36,000 awarded to lawyers for legal fees.
                        Uhhhh... WHICH izzit? A 36k *Judgment* including Lawyer's Fees or 36k inLawyer's Fees *alone*?
                        She has not been able to pay this sum for over a year, and now the lawyers want around $90,000 due to interest.
                        This "Judgment" is *ONLY* one Year Old? Or has Auntie *ONLY* been Unableto make Payments for One Year on a... what? Ten Year Old Judgment? Accruinginterest over MUCH MORE than Just One Year? So The Lawyers are Now Demanding an ADDITIONAL 54k in Accrued Interest?[People in hell want Ice Tea... I WONDER how Often they get it...] The Demand could ALSO be a Cheap Scum Lawyer TRICK to FRIGHTENMisinformed Auntie into Paying IMMEDIATELY the ENTIRE Judgment... Of Course, 150%apr is _USURY_ [ILLEGAL/UNenforceable] No Matter Where youare... With The Possible Exception of SopranoLand... or with the IRS...
                        Would this be specified in the text of the original judgement? Or is this an automatic interest that is standard in judgements?
                        Can't answer until you clear up some Inconsistencies/PatentAbsurdities... *In Colorado* the Prevailing Party MUST REQUEST "pre" and/or "post" TrialInterest "At the Legal Rate"... last I looked, that "Legal Rate" was8%apr... It's just INcomprehensible to me that ANY Lawyer would DARE to Demand a150% [USURY] Interest Rate... Please DO get with your Auntie and clear Up this Obvious Confusion WRTthat 54k in "interest"... Inquiring Minds Want To Know...
                        Thanks!
                        Naughtius "Tell `Em T'BLOW It Out Their Collective ***..." Maximus

                        Comment


                        • #13
                          Does interest automatically accrue on court judgements in NYC?

                          I'm now more updated on the exact details. The judgement was in 2003.
                          It was $37,744. After a year, the lawyers sent this to the NY
                          Marshall's office and added 9% interest which made it around $42,000.
                          They made the tenant send her rent of $1600/mo to the marshall and
                          over the course of a year, the marshall got $19,200. So now the
                          remaining balance at the marshall is about $26,000.

                          However the lawyers are asking for $89,000 and didn't take off the
                          $19,200 the marshall got (they took the money from the marshall every
                          month). Instead the ADDED the $19,200 to the $89,000!

                          Why do they want more money? They claim that since my aunt appealed
                          the judgement by the referee in 2003 (she wasn't there to defend
                          herself since her lawyer at the time gave her the wrong date!) they
                          incurred additional fees since they had to challenge the appeal. BUT
                          THE APPEALS WERE REJECTED BY THE COURT-THERE WERE NEVER ANY TRIALS.
                          THE COURTS REFUSED TO HEAR AN APPEAL! The lawyers sent 1 or 2 pages to
                          court every time an appeal was requested, to challenge it. ($89,000
                          for a couple sheets sent to the court every time?)

                          MY QUESTION IS: Is it legal for the lawyers to ask for $89,000 (minus
                          $12,000 for the remaining mortgage) for the appeals which NEVER MADE
                          IT TO COURT? Or can they only get the original $37,744 plus the
                          calculated interest over the 3 years minus the $19,200 they already
                          got from the Marshall?

                          Thanks for all the advice and help. My aunt is totally desperate and
                          she is in danger of not only losing the co-op but in danger of being
                          evicted from her own apartment since she can't pay her rent due to the
                          debts she is in (she borrowed money at 25% and she can't pay the
                          interest) due to this debacle.

                          Tek.


                          On Tue, 18 Apr 2006 11:29:21 -0600, "EvilOppressorOfConservatives"
                          <Shakespeare'[email protected]> wrote:
                          "TekWiz" <[email protected]> wrote in messagenews[email protected]
                          Hi! My aunt had a judgement against her for about $36,000 awarded to lawyers for legal fees.
                          Uhhhh... WHICH izzit? A 36k *Judgment* including Lawyer's Fees or 36k inLawyer's Fees *alone*?
                          She has not been able to pay this sum for over a year, and now the lawyers want around $90,000 due to interest.
                          This "Judgment" is *ONLY* one Year Old? Or has Auntie *ONLY* been Unableto make Payments for One Year on a... what? Ten Year Old Judgment? Accruinginterest over MUCH MORE than Just One Year? So The Lawyers are Now Demanding an ADDITIONAL 54k in Accrued Interest?[People in hell want Ice Tea... I WONDER how Often they get it...] The Demand could ALSO be a Cheap Scum Lawyer TRICK to FRIGHTENMisinformed Auntie into Paying IMMEDIATELY the ENTIRE Judgment... Of Course, 150%apr is _USURY_ [ILLEGAL/UNenforceable] No Matter Where youare... With The Possible Exception of SopranoLand... or with the IRS...
                          Would this be specified in the text of the original judgement? Or is this an automatic interest that is standard in judgements?
                          Can't answer until you clear up some Inconsistencies/PatentAbsurdities... *In Colorado* the Prevailing Party MUST REQUEST "pre" and/or "post" TrialInterest "At the Legal Rate"... last I looked, that "Legal Rate" was8%apr... It's just INcomprehensible to me that ANY Lawyer would DARE to Demand a150% [USURY] Interest Rate... Please DO get with your Auntie and clear Up this Obvious Confusion WRTthat 54k in "interest"... Inquiring Minds Want To Know...
                          Thanks!
                          Naughtius "Tell `Em T'BLOW It Out Their Collective ***..." Maximus

                          Comment


                          • #14
                            Does interest automatically accrue on court judgements in NYC?

                            On 22 Apr 2006, TekWiz <[email protected]> further said/asked:
                            I'm now more updated on the exact details . . . .
                            . . . except that you do not actually include and instead appear to
                            make any number of assumptions (which, possibly, might be correct but
                            which, possibly, may be incorrect) about some of the key "details" of
                            your aunt's lawsuit.

                            Though a commonly needed response to many real-world law-related
                            questions posted to Usenet newsgroups is that the questioner ought
                            consult an attorney based on a careful review of what actually are, as
                            you put it, "the exact details" (which, again and despite your
                            apparent good faith belief otherwise, you plainly have not provided
                            and do _not_ here provide), this is especially apt (if perhaps by now
                            more than a little belated) for your aunt because of the lengthy
                            contested history of the litigation to which you refer in which (and
                            _regardless_ what S.O.B.'s she may believe and claim the landlord's
                            attorneys to be) the N.Y. courts have severely criticized her,
                            precisely, for her many misstatement of facts and distorted and
                            otherwise unsupportable claims of law while then also ruling against
                            her in almost every significant respect.

                            Meanwhile, given her and her adversaries' mutual propensity for
                            litigation exacerbated by her (to put it politely) too many
                            misjudgments and yet that one (that is: you and she) perhaps ought
                            presume her adversaries' awareness of the internet and postings made
                            by her or on her behalf, whether it is desirable for you or her to
                            continue to discuss her case (especially if "in detail") in such a
                            quasi-public forum is another issue you and she perhaps ought address
                            with one another at the least more cautiously than in the past.
                            The judgement was in 2003. It was $37,744. After a year, the lawyers sent this to the NY [City] Marshall's office and added 9% interest which made it around $42,000.
                            You already know that in N.Y., a state court judgment for money only
                            bears annual 9% interest from the date of its docketing unless it
                            explicitly directs otherwise.
                            They made the tenant send her rent of $1600/mo to the marshall and over the course of a year, the marshall got $19,200. So now the remaining balance at the marshall is about $26,000.
                            Here is a (evidently: KEY) set of (far from "exact") "details" that
                            (at best) make confusing the questions you go on to ask: You do not
                            explain how or why (because this is what the judgment to which you
                            refer directed? because the Appellate Division or some other branch of
                            the court ordered this? because she and the marshal and her landlord
                            or the landlord's lawyers so agreed in writing? other?) they could
                            "make" her pay rent which, by the terms of her lease, is payable to
                            her landlord to the marshal instead and, in addition, . . .
                            However the lawyers are asking for $89,000 and didn't take off the $19,200 the marshall got (they took the money from the marshall every month). Instead the ADDED the $19,200 to the $89,000!
                            . . . if (as _you_ appear her to say) what she was paying to the
                            marshal was "rent" as it became due/payable, then your semi-rhetorical
                            question here ending with a "!" appears to beg the question _why_ that
                            sum (for on-going/accruing rent) should (as you impliedly claim) be
                            credited (in _any_ manner) against the money judgment, which,
                            apparently, was for a _separate_ category ("additional rent"?) in the
                            form of attorneys fees she had been adjudicated as owing to her
                            landlord's lawyers because of her (also adjudicated) breaches of her
                            lease.
                            Why do they want more money?
                            This is an impossible (reliably) to answer question based solely on
                            what you said in your earlier posting/query and what you term the
                            "exact details" you here add because not merely you do not
                            sufficiently clearly report why she was paying her current/on-going
                            rent to the marsha but, at the same time that you say this, you
                            neglect to . . . well, . . . detail what, IF any, portion of what you
                            term "rent" payments may have included sums other than for current
                            rent such as payments towards satisfaction of the underling +/-
                            $42,000 (still interest bearing) money judgment.
                            They claim that since my aunt appealed the judgement by the referee in 2003 . . . they incurred additional fees since they had to challenge the appeal. BUT THE APPEALS WERE REJECTED BY THE COURT-THERE WERE NEVER ANY TRIALS. THE COURTS REFUSED TO HEAR AN APPEAL!
                            These latter factoids beg the question whether a primary reason the
                            appeals courts did not fully "hear and appeal" was because of the
                            time/effort to which your aunt subjected the landlord's lawyers in
                            responding to what you appear to be suggesting the appellate division
                            of the N.Y. supreme court ordered were non-merited (attempted)
                            appeals.
                            The lawyers sent 1 or 2 pages to court every time an appeal was requested, to challenge it.
                            Even if so, this, too, does not answer: How much time/effort was
                            _reasonably_ required at, in turn, what dollar sum for attorneys fees
                            as encompassed within the attorneys fees provisions of the underlying
                            lease did these efforts require? IOW:

                            As by now you presumably know, your aunt's lease provided, in
                            substance, that she was obliged to reimburse her landlord for all its
                            reasonably incurred attorneys fees and related litigation costs
                            occasioned by her breach(es) of lease and, in the underlying
                            litigation (and as you in effect say and thus acknowledge above) the
                            courts did find her in breach and determined the sum due from her for
                            this category of "additional rent" was the +/- $37,000 sum (_plus_ 9%
                            annual interest thereon until it is paid _plus_ the sheriff's or the
                            marshal's "poundage" incurred in "executing" on and attempting to
                            collect that underlying principal sum).

                            What, HOWEVER, you do not adequately report in the "exact details" you
                            purport to report here is whether, to the extent that the landlord's
                            lawyers seek additional attorneys fees to collect the unpaid judgment,
                            that is enabled/required by the underlying lease (though, IIRC from
                            earlier postings and IIRC the reported decision in her case, I think I
                            remember that it is, although I'm not sure) and, if so, whether such
                            an additional sum has been adjudicated as due or is an item which will
                            result in further litigation.
                            ($89,000 for a couple sheets sent to the court every time?)
                            Here, you appear to be indulging in exactly the sort of obtuseness in
                            which your aunt indulged to her (self)detriment for some years:

                            One of the few things that is plain from what you have said above is
                            that it _not_ "$89,000 for a couple [of] sheets, etc" and, INSTEAD, a
                            claim -- again: whether or not already adjudicated, you do not say --
                            for +/- $47,000, i.e., a sum in addition to the underlying $42,000 you
                            say you know about and now understand, the landlord's attorneys
                            incurred _after_ the grant and entry of that underlying money judgment
                            to try to collect that judgment. However, whether you are correct to
                            believe and to imply that the landlord's reasonably incurred such
                            fees/expenses were limited solely to "a couple [of] sheets sent to the
                            court every [sic] time" is more than just a passing "detail" that
                            needs to be more clearly verified and explained than you do in your
                            present newsgroup posting.
                            Is it legal for the lawyers to ask for $89,000 (minus $12,000 for the remaining mortgage) for the appeals which NEVER MADE IT TO COURT? Or can they only get the original $37,744 plus the calculated interest over the 3 years minus the $19,200 they already got from the Marshall?
                            Your failure to provide the above referred to information makes it
                            impossible accurately to evaluate and answer these questions
                            (although, for the reasons summarized above, your "Or, etc." question
                            is probably misplaced because premised on apparently incorrect factual
                            assumptions about the nature of the sums "they already got").
                            Thanks for all the advice and help.
                            If, as appears, you are actually well-meaning and really do want to
                            help your aunt, you will NOT rely on ANYTHING that is substantive
                            that is said in response to your recent including present query
                            (including to the extent you may consider it substantive on what I've
                            said above) -- _especially_ not the, "Sue the *******s!" sorts of
                            conclusory responses you've been given based on speculation
                            exacerbated by ignorance of . . . well, . . . the actual "details" of
                            your aunt's case -- OTHER THAN a suggestion that, by way of an
                            exercise of face-to-face comparative shopping, you have a smart,
                            tough-minded, practical N.Y.C. lawyer who is actually familiar with
                            and very experienced with these matters review the judgement,
                            appellate division order(s), and ALL other the relevant documents and
                            advise you and her (bearing in mind, too, that, although your aunt has
                            been the one primarily responsible for the predicament she has created
                            for herself by, in effect, virtually taunting and also inviting and
                            then causing the courts to rule against her, one of her many
                            self-harming errors was apparently to hunt for [or, anyway, believe
                            that she had found] a "bargain" in the form of shoot-from-the-hip
                            non-expert attorney(s?) who [predictably] turned out to be
                            unreliable).
                            My aunt is totally desperate . . .
                            . . . which is all the more reason for you and her to find and obtain
                            actually expert legal advice even if maybe not necessarily
                            on-going/full-scale representation in litigation (assuming, however,
                            that, if good advice is then proffered, she will finally have the good
                            sense to follow it rather than, as in the past, just reflexively place
                            her heat in butting position without regard to the facts or applicable
                            law) . . .
                            . . . and she is in danger of not only losing the co-op but in danger of being evicted from her own apartment since she can't pay her rent due to the debts she is in (she borrowed money at 25% and she can't pay the interest) due to this debacle.
                            Your reading all the rulings in the case including ALL court orders,
                            which presumably she can give you, very probably will answer your
                            questions while also confirming that what you term a "debacle" was
                            almost primarily self-induced and almost entirely avoidable.

                            Comment


                            • #15
                              Does interest automatically accrue on court judgements in NYC?

                              On 22 Apr 2006, TekWiz <[email protected]> further said/asked:
                              I'm now more updated on the exact details . . . .
                              . . . except that you do not actually include and instead appear to
                              make any number of assumptions (which, possibly, might be correct but
                              which, possibly, may be incorrect) about some of the key "details" of
                              your aunt's lawsuit.

                              Though a commonly needed response to many real-world law-related
                              questions posted to Usenet newsgroups is that the questioner ought
                              consult an attorney based on a careful review of what actually are, as
                              you put it, "the exact details" (which, again and despite your
                              apparent good faith belief otherwise, you plainly have not provided
                              and do _not_ here provide), this is especially apt (if perhaps by now
                              more than a little belated) for your aunt because of the lengthy
                              contested history of the litigation to which you refer in which (and
                              _regardless_ what S.O.B.'s she may believe and claim the landlord's
                              attorneys to be) the N.Y. courts have severely criticized her,
                              precisely, for her many misstatement of facts and distorted and
                              otherwise unsupportable claims of law while then also ruling against
                              her in almost every significant respect.

                              Meanwhile, given her and her adversaries' mutual propensity for
                              litigation exacerbated by her (to put it politely) too many
                              misjudgments and yet that one (that is: you and she) perhaps ought
                              presume her adversaries' awareness of the internet and postings made
                              by her or on her behalf, whether it is desirable for you or her to
                              continue to discuss her case (especially if "in detail") in such a
                              quasi-public forum is another issue you and she perhaps ought address
                              with one another at the least more cautiously than in the past.
                              The judgement was in 2003. It was $37,744. After a year, the lawyers sent this to the NY [City] Marshall's office and added 9% interest which made it around $42,000.
                              You already know that in N.Y., a state court judgment for money only
                              bears annual 9% interest from the date of its docketing unless it
                              explicitly directs otherwise.
                              They made the tenant send her rent of $1600/mo to the marshall and over the course of a year, the marshall got $19,200. So now the remaining balance at the marshall is about $26,000.
                              Here is a (evidently: KEY) set of (far from "exact") "details" that
                              (at best) make confusing the questions you go on to ask: You do not
                              explain how or why (because this is what the judgment to which you
                              refer directed? because the Appellate Division or some other branch of
                              the court ordered this? because she and the marshal and her landlord
                              or the landlord's lawyers so agreed in writing? other?) they could
                              "make" her pay rent which, by the terms of her lease, is payable to
                              her landlord to the marshal instead and, in addition, . . .
                              However the lawyers are asking for $89,000 and didn't take off the $19,200 the marshall got (they took the money from the marshall every month). Instead the ADDED the $19,200 to the $89,000!
                              . . . if (as _you_ appear her to say) what she was paying to the
                              marshal was "rent" as it became due/payable, then your semi-rhetorical
                              question here ending with a "!" appears to beg the question _why_ that
                              sum (for on-going/accruing rent) should (as you impliedly claim) be
                              credited (in _any_ manner) against the money judgment, which,
                              apparently, was for a _separate_ category ("additional rent"?) in the
                              form of attorneys fees she had been adjudicated as owing to her
                              landlord's lawyers because of her (also adjudicated) breaches of her
                              lease.
                              Why do they want more money?
                              This is an impossible (reliably) to answer question based solely on
                              what you said in your earlier posting/query and what you term the
                              "exact details" you here add because not merely you do not
                              sufficiently clearly report why she was paying her current/on-going
                              rent to the marsha but, at the same time that you say this, you
                              neglect to . . . well, . . . detail what, IF any, portion of what you
                              term "rent" payments may have included sums other than for current
                              rent such as payments towards satisfaction of the underling +/-
                              $42,000 (still interest bearing) money judgment.
                              They claim that since my aunt appealed the judgement by the referee in 2003 . . . they incurred additional fees since they had to challenge the appeal. BUT THE APPEALS WERE REJECTED BY THE COURT-THERE WERE NEVER ANY TRIALS. THE COURTS REFUSED TO HEAR AN APPEAL!
                              These latter factoids beg the question whether a primary reason the
                              appeals courts did not fully "hear and appeal" was because of the
                              time/effort to which your aunt subjected the landlord's lawyers in
                              responding to what you appear to be suggesting the appellate division
                              of the N.Y. supreme court ordered were non-merited (attempted)
                              appeals.
                              The lawyers sent 1 or 2 pages to court every time an appeal was requested, to challenge it.
                              Even if so, this, too, does not answer: How much time/effort was
                              _reasonably_ required at, in turn, what dollar sum for attorneys fees
                              as encompassed within the attorneys fees provisions of the underlying
                              lease did these efforts require? IOW:

                              As by now you presumably know, your aunt's lease provided, in
                              substance, that she was obliged to reimburse her landlord for all its
                              reasonably incurred attorneys fees and related litigation costs
                              occasioned by her breach(es) of lease and, in the underlying
                              litigation (and as you in effect say and thus acknowledge above) the
                              courts did find her in breach and determined the sum due from her for
                              this category of "additional rent" was the +/- $37,000 sum (_plus_ 9%
                              annual interest thereon until it is paid _plus_ the sheriff's or the
                              marshal's "poundage" incurred in "executing" on and attempting to
                              collect that underlying principal sum).

                              What, HOWEVER, you do not adequately report in the "exact details" you
                              purport to report here is whether, to the extent that the landlord's
                              lawyers seek additional attorneys fees to collect the unpaid judgment,
                              that is enabled/required by the underlying lease (though, IIRC from
                              earlier postings and IIRC the reported decision in her case, I think I
                              remember that it is, although I'm not sure) and, if so, whether such
                              an additional sum has been adjudicated as due or is an item which will
                              result in further litigation.
                              ($89,000 for a couple sheets sent to the court every time?)
                              Here, you appear to be indulging in exactly the sort of obtuseness in
                              which your aunt indulged to her (self)detriment for some years:

                              One of the few things that is plain from what you have said above is
                              that it _not_ "$89,000 for a couple [of] sheets, etc" and, INSTEAD, a
                              claim -- again: whether or not already adjudicated, you do not say --
                              for +/- $47,000, i.e., a sum in addition to the underlying $42,000 you
                              say you know about and now understand, the landlord's attorneys
                              incurred _after_ the grant and entry of that underlying money judgment
                              to try to collect that judgment. However, whether you are correct to
                              believe and to imply that the landlord's reasonably incurred such
                              fees/expenses were limited solely to "a couple [of] sheets sent to the
                              court every [sic] time" is more than just a passing "detail" that
                              needs to be more clearly verified and explained than you do in your
                              present newsgroup posting.
                              Is it legal for the lawyers to ask for $89,000 (minus $12,000 for the remaining mortgage) for the appeals which NEVER MADE IT TO COURT? Or can they only get the original $37,744 plus the calculated interest over the 3 years minus the $19,200 they already got from the Marshall?
                              Your failure to provide the above referred to information makes it
                              impossible accurately to evaluate and answer these questions
                              (although, for the reasons summarized above, your "Or, etc." question
                              is probably misplaced because premised on apparently incorrect factual
                              assumptions about the nature of the sums "they already got").
                              Thanks for all the advice and help.
                              If, as appears, you are actually well-meaning and really do want to
                              help your aunt, you will NOT rely on ANYTHING that is substantive
                              that is said in response to your recent including present query
                              (including to the extent you may consider it substantive on what I've
                              said above) -- _especially_ not the, "Sue the *******s!" sorts of
                              conclusory responses you've been given based on speculation
                              exacerbated by ignorance of . . . well, . . . the actual "details" of
                              your aunt's case -- OTHER THAN a suggestion that, by way of an
                              exercise of face-to-face comparative shopping, you have a smart,
                              tough-minded, practical N.Y.C. lawyer who is actually familiar with
                              and very experienced with these matters review the judgement,
                              appellate division order(s), and ALL other the relevant documents and
                              advise you and her (bearing in mind, too, that, although your aunt has
                              been the one primarily responsible for the predicament she has created
                              for herself by, in effect, virtually taunting and also inviting and
                              then causing the courts to rule against her, one of her many
                              self-harming errors was apparently to hunt for [or, anyway, believe
                              that she had found] a "bargain" in the form of shoot-from-the-hip
                              non-expert attorney(s?) who [predictably] turned out to be
                              unreliable).
                              My aunt is totally desperate . . .
                              . . . which is all the more reason for you and her to find and obtain
                              actually expert legal advice even if maybe not necessarily
                              on-going/full-scale representation in litigation (assuming, however,
                              that, if good advice is then proffered, she will finally have the good
                              sense to follow it rather than, as in the past, just reflexively place
                              her heat in butting position without regard to the facts or applicable
                              law) . . .
                              . . . and she is in danger of not only losing the co-op but in danger of being evicted from her own apartment since she can't pay her rent due to the debts she is in (she borrowed money at 25% and she can't pay the interest) due to this debacle.
                              Your reading all the rulings in the case including ALL court orders,
                              which presumably she can give you, very probably will answer your
                              questions while also confirming that what you term a "debacle" was
                              almost primarily self-induced and almost entirely avoidable.

                              Comment

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