Vacated Judgment

[abcd1234]

I had two judgments (judgment A & B) against me in a NY small claims court (town of Dickinson) by an ex tenant. I appealed the judgments A & B. During the process the ex tenant had my rents garnished on one judgement B for $650.00, there were fees involved . I then got a stay of judgement A until the appeals process was over. In the appeals court, Judgment A was upheld, Judgment B was vacated. I then paid the difference between what was garnished and Judgment A. My question is this, should I receive full credit for the the full amount that was garnished or just the $650 - the fees from the garnishment process. I feel that I don't owe the fees since Judgment B was vacated, the ex tenant feels she is owed the fees. Who is right?

 

[abcd1234]

Any advice from anyone?

 

[abcd1234]

maybe I can make this question easier. Assume there is a judgment for $1000. During the appeals process the tenant garnishes rent from other tenants and $650 is collected assuming that around $150 in collection fees. If the judgment is vacated on appeal, does the tenant have to return to me the full amount collected ($650) or the amount minus the fees ($500)? Am I responsible for paying collection fees if the original judgment is vacated?

I would appreciate any advise. Thanks

 

[seniorjudge]

I had two judgments (judgment A & B) against me in a NY small claims court (town of Dickinson) by an ex tenant. I appealed the judgments A & B. During the process the ex tenant had my rents garnished on one judgement B for $650.00, there were fees involved . I then got a stay of judgement A until the appeals process was over. In the appeals court, Judgment A was upheld, Judgment B was vacated. I then paid the difference between what was garnished and Judgment A. My question is this, should I receive full credit for the the full amount that was garnished or just the $650 - the fees from the garnishment process. I feel that I don't owe the fees since Judgment B was vacated, the ex tenant feels she is owed the fees. Who is right?

You say the ex tenant "feels" she is owed the fees.

What do you mean?

Is there anything in writing?

What is going on?

 

[abcd1234]

From the original posting: I have fully paid judgment A ($1010) and have requested that the ex-tenant provide the required letter of satisfaction. I believe that judgment A is fully paid because of the $650 garnished on judgment B (which was vacated) and the check I wrote for $360. The ex-tenant won't provide a letter of satisfaction for judgment A because she feels that she is still owed the collection fees for judgment B that was vacated in the appeals courts. THe question is, can I apply the full amount that was collected for a vacated judgment, or am I responsible for paying the collection fees? If I am responsible for paying collection fees on a vacated judgment, then I owe an additional $150, if I am not responsible, then the ex-tenant owes me the letter of satisfaction for judgment A.

 

[seniorjudge]

I believe you are correct BUT I have not read any of the paperwork.

 

[abcd1234]

Thank you for the help!