Enforcing a Money Judgment

On February 20, 2016, in Landlord-Tenant, Litigation, by John A. Weber IV, ESQ.

Landlords, as well as any civil plaintiffs, are often faced with the realization that there is a significant difference between obtaining a money judgment and actually collecting the judgment from the Tenant or defendant. In order to enforce a judgment, certain information is pertinent. If the means of enforcement will be an income execution, the social security number of the Tenant along with the name and address of the Tenant’s employer will be necessary. If enforcement will hinge upon a property execution, the necessary information will vary depending on the type of property that will be executed. It is worth noting that automobiles differ from other types of tangible property in procedure and cost. In general, proof of the title holder of the property and the location of the property are required for a property execution. Another method of executing a money judgment is through a bank levy. The account of a Tenant can be frozen as long as the Landlord can provide the bank name and address to the Sheriff. The appropriate method of enforcing a money judgment can vary depending on the specific facts of each situation.

If you have a money judgment and are not clear on how to enforce it, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today!

Familial Exception to Eviction

On October 22, 2014, in Landlord-Tenant, by John A. Weber IV, ESQ.
A very interesting decision was issued by Judge Eric Bjorneby, J.D.C. in Kakwani v Kakwani,40 Misc. 3d 627,967 N.Y.S.2d 827,2013 N.Y. Misc. LEXIS 2555,2013 NY Slip Op 23200,2013 WL 3155372(N.Y. Dist. Ct.2013).  This eviction action centered on the issue of whether a family member can be evicted in summary proceedings in New York.  A very detailed analysis which covered the development of the familial exception rule in New York was set forth.  The facts in these cases will determine whether the familial exception applies.  The only available option for evicting those covered under the exception is through ejectment actions.
As always, if you are in the unfortunate situation of being involved in an eviction action with a family member, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2613 to speak with an experienced Landlord Tenant attorney today!

Eviction for Criminal Drug Activity

On April 29, 2014, in Criminal, Landlord-Tenant, by John A. Weber IV, ESQ.

Eviction of a tenant for criminal drug activity

A very interesting decision came down on April 11, 2014 regarding the eviction of a tenant for criminal drug activity.  The Appellate Term ruled that in order to evict a tenant for criminal drug activity, the tenant’s possession of illegal drugs is not enough.  The landlord must also be able to prove the tenant’s intent was to use the drugs in a criminal manner.  The crime of possession is not insufficient for this purpose, Los Tres Unidos Associates, LP v. Angel Mercado, “John Doe” and/or “Jane Doe” 2014 WL 1408540.

This is important for landlords to understand.  A distinction must be made between the landlord’s knowledge of a tenant’s possession drugs and a tenant selling drugs or using drugs in a manner that is considered a criminal drug activity.  This may save a landlord the time and money for bringing a Holdover Proceeding that cannot succeed.  If you insist on moving forward with such a Holdover Proceeding, be ready to prove the tenant’s intent to engage in criminal activity with regards to the drugs.

As always, if you have questions about evicting a tenant, call (516) 858-2620 to speak to a landlord tenant attorney that can assist you!

More Articles:

Landlord Tenant: Eviction kit

Standing in Landlord Tenant Court

Deciding between a Holdover and Nonpayment Petition

On January 5, 2012, in Landlord-Tenant, by John A. Weber IV, ESQ.

Holdover vs. Nonpayment Evictions

Deciding between holdover and nonpayment evictions.

Recently, we have had several situations arise where clients had to determine whether they would bring a Holdover vs. Nonpayment eviction against the tenant.  Now it is true that in most situations, there is really no choice.  The facts of the specific case dictate that there is only one option available.  It is not correct however to assume that there are never situations where a choice exists.  The final decision needs to be the result of strategic planning between attorney and client.

The one constant that must be taken into account when determining which type of action you will ultimately bring is the desired outcome.  The attorney’s job is to take the specific facts of the case and develop the plan to achieve the desired outcome.  Together, the attorney client team decides on the type of action to bring.   Together, they have taken into consideration the ultimate goals of the landlord, the governing laws, the trends of the court rulings, and the facts of the case.

As always, if you are having trouble deciding which type of action to bring, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

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