Announcement

Collapse
No announcement yet.

Does interest automatically accrue on court judgements in NYC?

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Does interest automatically accrue on court judgements in NYC?

    On Sat, 22 Apr 2006 23:56:22 GMT, [email protected] wrote:
    SNIP<
    Thanks for all the effort you put into answering me. I do want to make
    public the details of this case as I feel it exposes extreme
    corruption in the NY court system and a bank as well. You wrote a lot
    and made some errors--there are no landlord lawyers involved here.
    Simply that the mortgage bank hired expensive outside (HIGH PROFILE)
    lawyers to handle a case of unpaid $4 late fees on a remaining $12,000
    mortgage. The lawyers originally requested $3,500 for their "legal
    work". A lawyer advised my aunt to go to court for the unjustified
    $3,500. But somehow due to his bad representation, she lost, and the
    judge (who was about to retire) awarded them $10,000 for their
    "expenses". My aunt appealed and her bad lawyer gave her the wrong
    date for the referee hearing. She didn't show up. The referee
    seemingly from the transcript knew these high-profile lawyers and at
    one point in the transcript, when they discuss how much they should
    now get, they request that it will be off the record. The referee
    gives them the wild amount ~$38,000 sum!!! This is all they get.

    She then tried to appeal this 3 times but her appeals were rejected.

    She could not pay this amount since she has no real income. So they
    take her tenant's rent into escrow for about 3 months and then the
    lawyers move this into the Sherriff's office and WITHDRAW the money.
    The Sherriff also charges my aunt thousands of dollars in processing
    "fees/taxes". The Sherrif collected about $19,000. She still owes
    about $26,000. BUT THE LAWYERS NOW WANT $90,000 AND DON'T ACKNOWLEDGE
    THE $19,000 they took from the sherriff.


    ================================================== ===========
    MY QUESTION IS SIMPLE: If the referee gave them $38,000 and then she
    appealed 3 times and they say that she has to pay them for those
    appeals--whatever they are asking for was never awarded to them in
    court. Can they ask for an additional $40,000?! In fact they are
    adding more and more thousands now! There is no legal proceeding going
    on. They are inventing more legal fees as time goes by. This is not
    based on any 9% interest.
    ================================================== ===========


    I HAVE A LIST OF THEIR FEES. I CAN SCAN THIS AND POST IT. MY AUNT
    NEEDS HELP TO GET HER APARTMENT OUT OF THEIR HANDS SO SHE CAN START
    PAYING HER BILLS. IT IS UNFAIR TO TARGET A POOR WOMAN FOR A FEW $4
    LATE FEES AND A BANK WHO WANTS TO STEAL PEOPLE'S PROPERTIES BECAUSE
    THEY THINK THEY CAN. IT'S A SCANDAL AND SHOULD BE EXPOSED TO THE
    PUBLIC SO PEOPLE KNOW WHAT KIND OF CORRUPTION IS GOING ON. THEY HAVE
    RUINED HER LIFE FOR NOTHING. THEY ARE IMMORAL THIEVES AND SHOULD NOT
    BE ALLOWED TO GET AWAY WITH IT.

    Thanks in advance for any help or advice anyone can give me.

    Comment


    • #17
      Does interest automatically accrue on court judgements in NYC?

      On Sat, 22 Apr 2006 23:56:22 GMT, [email protected] wrote:
      SNIP<
      Thanks for all the effort you put into answering me. I do want to make
      public the details of this case as I feel it exposes extreme
      corruption in the NY court system and a bank as well. You wrote a lot
      and made some errors--there are no landlord lawyers involved here.
      Simply that the mortgage bank hired expensive outside (HIGH PROFILE)
      lawyers to handle a case of unpaid $4 late fees on a remaining $12,000
      mortgage. The lawyers originally requested $3,500 for their "legal
      work". A lawyer advised my aunt to go to court for the unjustified
      $3,500. But somehow due to his bad representation, she lost, and the
      judge (who was about to retire) awarded them $10,000 for their
      "expenses". My aunt appealed and her bad lawyer gave her the wrong
      date for the referee hearing. She didn't show up. The referee
      seemingly from the transcript knew these high-profile lawyers and at
      one point in the transcript, when they discuss how much they should
      now get, they request that it will be off the record. The referee
      gives them the wild amount ~$38,000 sum!!! This is all they get.

      She then tried to appeal this 3 times but her appeals were rejected.

      She could not pay this amount since she has no real income. So they
      take her tenant's rent into escrow for about 3 months and then the
      lawyers move this into the Sherriff's office and WITHDRAW the money.
      The Sherriff also charges my aunt thousands of dollars in processing
      "fees/taxes". The Sherrif collected about $19,000. She still owes
      about $26,000. BUT THE LAWYERS NOW WANT $90,000 AND DON'T ACKNOWLEDGE
      THE $19,000 they took from the sherriff.


      ================================================== ===========
      MY QUESTION IS SIMPLE: If the referee gave them $38,000 and then she
      appealed 3 times and they say that she has to pay them for those
      appeals--whatever they are asking for was never awarded to them in
      court. Can they ask for an additional $40,000?! In fact they are
      adding more and more thousands now! There is no legal proceeding going
      on. They are inventing more legal fees as time goes by. This is not
      based on any 9% interest.
      ================================================== ===========


      I HAVE A LIST OF THEIR FEES. I CAN SCAN THIS AND POST IT. MY AUNT
      NEEDS HELP TO GET HER APARTMENT OUT OF THEIR HANDS SO SHE CAN START
      PAYING HER BILLS. IT IS UNFAIR TO TARGET A POOR WOMAN FOR A FEW $4
      LATE FEES AND A BANK WHO WANTS TO STEAL PEOPLE'S PROPERTIES BECAUSE
      THEY THINK THEY CAN. IT'S A SCANDAL AND SHOULD BE EXPOSED TO THE
      PUBLIC SO PEOPLE KNOW WHAT KIND OF CORRUPTION IS GOING ON. THEY HAVE
      RUINED HER LIFE FOR NOTHING. THEY ARE IMMORAL THIEVES AND SHOULD NOT
      BE ALLOWED TO GET AWAY WITH IT.

      Thanks in advance for any help or advice anyone can give me.

      Comment


      • #18
        Does interest automatically accrue on court judgements in NYC?

        On 24 Apr 2006, TekWiz <[email protected]> further wrote in part:
        [nospamEtc.., youmade some errors--my aunt's dispute presently is not with landlord lawyers and, instead, with the attorneys for a mortgage lender for her residential N.Y. cooperative apartment]
        You're right that my earlier comments included the sort of (in the
        circumstances: trivial) factual error you now belatedly refer to, but
        only because they were both incidental to from the primary law related
        and practical questions you raise so that glossing them in detail
        would be deflective.

        (Though you have not posted it in the present thread, I read the
        decision in and am familiar with the basic facts of your aunt's case
        as it is been litigated.)
        [ At the outset of her dispute, plaintiff's lawyers requested that, as they claimed was required by her underlying mortgage and by her lease, she reimburse their client for $3,500 in legal fees, but a lawyer she consulted agreed with her preference to litigate to try to contest what she contended was a too high sum in this respect. ] But somehow due to his bad representation, she
        lost . . . .

        She didn't loose because of her lawyer's "bad reputation" but,
        instead, because she (and, perhaps, he) misread and neglected to pay
        any attention to what the attorneys fees provision in dispute actually
        said or to how such a provision had long and pretty much consistently
        been applied by the courts in cases comparable to hers.
        [ The court granted a final money judgment against my aunt in the amount of $38,000, which, by operation of law, also bears 9% annual interest plus "poundage" if a Sheriff or N.Y.C. marshal executes on it, etc., and yet my aunt's attempt to appeal were unavailing if also costly in the sense of contractually requiring her to reimburse plaintiff's/judgment-creditor's attorneys for their efforts in opposing her unmerited appeals. ]
        And so that judgment actually having become final, the plaintiff is
        entitled to enforce it.

        "If only . . . !"s and "She coulddah . . .!"s (and, I also readily
        concede, "She shoulddah . . ."s) thus no longer apply at least in a
        way that will be helpful to her.
        [ She has no [signficant] income. So they take her tenant's rent into escrow for about 3 months and then [the judgment creditor's] lawyers move this into the Sherriff's office and WITHDRAW the money. The Sherriff also charges my aunt thousands of dollars in processing "fees/taxes". The Sherrif collected about $19,000. She still owes about $26,000. BUT THE LAWYERS NOW WANT $90,000 AND DON'T ACKNOWLEDGE THE $19,000 they took from the sherriff.
        You are here just repeating in only slightly different form an emptily
        conclusory claim you earlier made in this thread but without your
        answering (because you haven't bothered carefully to look while you
        nonetheless complain about?) the questions earlier posed by all the
        relevant underlying documents -- i.e., what the terms/conditions were
        of her paying the monthly sums, whether those sums were for (only?)
        current rent (or for what she had agreed to be the reasonable sum for
        "use and occupancy" of her apartment, if her co-op lease has been
        terminated by reason of her default on the underlying apartment
        mortgage - information you also have yet to provide), etc., etc.

        You relatedly neglect to make clear whether your aunt's is a fight
        worth pursuing if the present effect of the underlying judgment and
        her relationship with her landlord and the mortgage lender has been
        that, also realistically viewed, her cooperative apartment lease has
        been or soon will have been terminated.
        If the referee [by order later duly confirmed by the court and transmuted into a final judgment] gave them $38,000 and then she appealed 3 times and they say that she has to pay them for those appeals--whatever they are asking for was never awarded to them in court. Can they ask for an additional $40,000?! In fact they are adding more and more thousands now! There is no legal proceeding going on. They are inventing more legal fees as time goes by. This is not based on any 9% interest.
        As earlier noted, you had not made clear in your earlier postings in
        this thread whether the sums plaintiff's attorneys were seeking above
        the +/- $38,000 plus interest plus sheriff's or N.Y.C. marshal's
        poundage as authorized by law had been adjudicated as owing, and you
        now answer that question only in part.

        But, yes - of course they "can" ask for reimbursement for $40,000 in
        legal fees and related expenses they "can" claim were incurred post
        judgment just as it is open to your aunt to dispute such a demand.

        It may also be, as you imply, that plaintiff's/judgment-creditor's
        attorneys have inflated the amount they contend is due in accord with
        whichever of your aunt's proprietary lease or cooperative mortgage
        still applies. HOWEVER, what is most puzzling about this latter issue
        is that you also say emphatically:
        I HAVE A LIST OF THEIR FEES [as they claim them to be]
        And so you are in a position -- (VERY) preferably in consultation with
        a knowledgeable and also PRACTICAL N.Y.C. attorney familiar with this
        sort of stuff importantly (for your aunt) including what sorts of fees
        the courts probably would/wouldn't award if the dispute results in
        further litigation -- to analyze which if any of these items appear
        reasonably contestable and, in light of the litigation that has
        already taken place, which portions probably would be undesirable for
        your aunt to contest if her (or you on her behalf) disputing them
        realistically (in light, also assessed practically, of the "bad blood"
        she has already engendered) will eventuate in still further litigation
        about these issues.
        IT IS UNFAIR TO TARGET A POOR WOMAN FOR A FEW $4 LATE FEES AND A BANK WHO WANTS TO STEAL PEOPLE'S PROPERTIES BECAUSE THEY THINK THEY CAN.
        Whether this is/isn't a fair summary characterization of what has
        occurred in your aunt's case (I would contend it is not although this
        is not an argument I want to have let alone to win) cannot be
        determined by the exercise of "yelling" of this sort.

        Your aunt (and, presumably, you) by now well know that there are
        numerous attorneys in N.Y.C. who specialize in disputes/lawsuits of
        the sort including what plaintiff's (now judgment-creditor's) lawyers
        evidently contend to be defaults compounded by her obstinacy.
        She [acknowledges that she] still owes about $26,000 [on account of the underlying judgment] BUT [PLAINTIFF'S] LAWYERS NOW WANT $90,000 AND DON'T ACKNOWLEDGE THE $19,000 they took from the sherriff.
        You do not actually mean that they do not "acknowledge" that +/-
        $19,000 sum -- to the contrary, you appeared to say earlier that she
        had paid it to the sheriff or marshal because they "ma[d]e" her do so
        -- and, instead, just that there is a dispute between these lawyers
        and their client, OTOH, and, OTHO, your aunt (which none of your
        postings in this thread clarify) whether some (and, if so, exactly
        what) portion of that sum ought be credited towards satisfaction of
        the underlying judgment as distinguished from its being for on-going
        rent or for "use and occupancy" (as noted, you relatedly don't make
        sufficiently clear whether your aunt's lease has/hasn't been
        terminated in connection with her underlying adjudicated defaults)
        and a related dispute about the extent to which your aunt is obliged
        by the attorneys fees reimbursement agreement at issue to pay up to
        +/- $40,000 in post-judgment lawyers fees said to have been (but which
        your aunt disagrees were) reasonably incurred to respond to her
        efforts to appeal from or otherwise to contest the underlying
        judgment.

        Regrettably, however, (at least in your newsgroup postings in this
        thread) except in conclusory terms to imply that you have little
        regard for the value of those lawyers' efforts, you do not address
        what that attorneys fees provision actually provides and or what
        portions of the bills you say you have and imply you've read do/don't
        make sense.

        At least in this newsgroup thread, it is therefore you, not those
        lawyers, who prevents an accurate/realistic assessment of what, at
        bottom is a cost-vs.-benefit question:

        Bearing in mind the fees a court will award if your aunt is proven to
        be in further default if she does not prevail in further litigation if
        you and she are unwilling or unable to work out a credible settlement,
        does it make sense to trigger (or herself to initiate) further
        litigation?

        Correlatively, presumably she knows -- and, if not, the sort of
        attorney it ought not have been necessary to recommend would know --
        what the options are re. how to challenge by litigation whether sums a
        judgment-debtor contends were paid and ought have been credited
        towards the underlying judgment's satisfaction are/aren't that.
        IT'S A SCANDAL AND SHOULD BE EXPOSED TO THE PUBLIC SO PEOPLE KNOW WHAT KIND OF CORRUPTION IS GOING ON. THEY HAVE RUINED HER LIFE FOR NOTHING. THEY ARE IMMORAL THIEVES AND SHOULD NOT BE ALLOWED TO GET AWAY WITH IT.
        If you (rationally? reasonably?) believe it will help your aunt to
        post the bills of the lawyers in question to an internet/Usenet
        newsgroup, so be it.


        Comment

        Working...
        X