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Complainant Files Action to Direct Sale of Real Property


A New York Family Lawyer said complainant seeks a decision compelling and directing the sale of a real property owned by a couple. The complainant states that they brought an action against the couple to recover $24,371.56. The attorney further states that a decision was duly entered in the action in favor of them for $24,371.56. The attorney also asserts that the decision was duly filed and docketed in the office of the clerk and a balance of $31,793.88, to wit the original judgment plus interest remains unpaid.

The attorney stated all of the complainant’s attempts to collect the amount due. The attorney also asserted that the couple is the current owner of the real property, exceeding $50,000.00 in value with an assessed value of approximately $350,000.00 based upon information and belief.

The woman states, in an opposing affirmation, that she is the current owner of the subject property. The affidavit of the woman makes clear that no real marriage exists. The woman’s attorney stated that the man abandoned the woman and their child. The man left the marital residence and never returned without leaving a forwarding address. The woman’s attorney points out that the family doesn’t know where the man resides and don’t even received any support from the man. Further, the man currently owes the woman over $17,000.00 in child support arrears. The woman’s attorney also points out that the woman has child support problems with another relationship, and additional details about the man’s posture as a judgment debtor.

A New York Child Custody Lawyer said the woman’s attorney further asserts the subject matter of the instant claim is consumer credit where the woman was not named in the underlying action, and the debt was personal to the man. The woman’s attorney never filed a joint consumer credit application with the man. Sources revealed that the debt was not a marital nor family debt and neither the woman nor her son benefitted from it, so the family residence should not be at risk in order to pay off the man’s personal consumer debts.

A Queens Famiy Lawyer the woman’s attorney submits an action proposed by the complainant, to wit seizing and selling the couple’s long-time home, is disproportionate to the alleged harm suffered by the complainant. The woman’s attorney maintains that the woman is a single mother, currently earning about $34,000.00 without support from the man, and no other source of income. The woman’s attorney also contends the result would be particularly egregious since the premises are the only home of the woman and her 12 year old son, and they have no place to go. The woman’s attorney argues justice and basic fairness to state the court a remedy permitting the woman to retain the property.

A Queens Custody Lawyer said based on records, a judgment creditor may initiate a special proceeding in the county in which the homestead is located against the judgment debtor for the sale, by a sheriff or receiver, of a homestead exceeding fifty thousand dollars in value. The court may direct that the notice of petition be served upon any other person. The court, if it directs such a sale, shall so collect the proceeds of the sale that the right and interest of each person in the proceeds shall correspond as nearly as may be to his right and interest in the property sold.

The court concludes that the complainant has not satisfied the burden of making an evidentiary case showing and warranting the relief sought. The personal consumer debt action brought by the complainant to recover $24,371.56 against the man only is not shown to be related to the separated spouse who, it appears, was abandoned by the man, who owes child support and other possible funds to the woman. Therefore, the petition is dismissed by the court.

Parents must provide enough and proper support for the well being of their children. Whenever you experience trouble with regards your child’s financial assistance, you can ask the Nassau County Guardianship Lawyer or Nassau County Family Attorneys for legal assistance. If you want the Nassau County Child Support Attorney to represent you, you can drop by at Stephen Bilkis and Associates office.

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