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Seeking help and advice to escape a trap in lease
送交者: 三都瓠瓜 2022年06月28日06:30:28 于 [茗香茶语] 发送悄悄话

I got a notice from Civil Court of the New York required me to appear in the court at early July 2022.  I am seeking helps to correct my English in the presentation to the Judge, how to appear the Court remotely and any legal advice. Here is my statement:

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Dear Judge W-D:

The Plaintiff ASPEN 2016 LLC claimed that I owed them one month rent ($2250) and damaged fee ($290), the truth is that I already paid ASPEN the fee by two checks ($2250 + $295) which was cashed out at June 8, 2022. However, $7027.68 plus $125 in my bank account are still being restrained by its collection agency Kavulich & Associates, P.C. I emailed ASPEN Legal & Accounts Receivable Associate Elena wondering why. She said that I did not have to go to the Civil Court, but she did not answer why ASPEN didn’t release my frozen bank account.  I did not trust her because I would lose this lawsuit if I miss today's court appearance. The main intention of collection agency is to win additional attorney's fees ($3573).

The whole event is a premeditated dirty trap.

When we lost our jobs and had to move out of New York in July 2019, landlord ASPEN of 1955 1st Ave took advantage of our unfamiliarity with New York's tenancy regulations by giving me two options: sublet with a fine of $1,500 and or let the landlord to handle the unit on market. Super Ymer of the building encouraged me to let Property Manager Aidin to deal with the apartment because the market price at the time was $500-$700 higher than the rent for my unit. After we left New York, the manager informed me that the room was vacant for two months before it was rented out at price of $2,782/M (the extra part $532 is not mine), and I had to pay the rent fee for the vacancy of two months (2250 x 2). We have no way to verify if the unit was vacant for two months or ASPEN could get double rent if not. ASPEN also charged me $295 for repainting the walls, even though I didn't damage anything. Under the mental pressure of constant harassment, we paid the full amount in order to settle the matter, but the debt collection agency refused to give up and trying very hard to force me to pay an additional $3,573 for legal fees. I would lose $9402.68 illegally in total. I contacted NYC Mayor’s Office to Protect Tenants and New York City Bar Legal Referral Service. Of course, there is no way of get free legal aid or private lawyers. Attorney fees are >$200/hour and $1,800 per court appearance.

I want to get my bank account de-frozen, get my money ($4795) back and claim for mental damage and labor compensation of $3600.

Your judgment for justice will be deeply appreciated.

 

Defendant


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