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WHAT DO I DO IF I NEED TO GO BACK TO COURT TO ASK
THE JUDGE TO DO SOMETHING ON THE CASE?
An Order to Show Cause (OSC) is a written court form
that asks the Judge to do something on the case. It can be
used:
• to ask the court to stop an eviction,
• to make a landlord/owner do what he or she was
ordered to do or agreed to do,
• to ask for more time to do what you were ordered to
do or agreed to do,
• to bring your case back before the Judge for any
other reason,
• to explain why you missed your court date or didn’t Answer.
How do I make an Order to Show Cause?
You need to fill out a written Affidavit in Support form and an Order to Show Cause form
to give to the court. An Affidavit is your sworn statement that tells the Judge what you
need. You give the Judge your sworn Affidavit with an OSC for the Judge to sign. The
Judge will fill in the OSC and choose a new court date for everyone to come to court to
talk about what you asked for. You may have to wait for some time for the Judge to
review the papers. Tell the Clerk if you know that your eviction is already scheduled.
What happens if the Judge signs the OSC?
If the Judge signs the OSC make copies of all the papers because you will have to
serve a copy of the OSC and Affidavit on the landlord/owner and maybe the Marshal,
Sheriff or Constable. The OSC will say how you must deliver the papers. After you
serve the papers you must fill out an Affidavit of Service and sign it in front of a notary.
An Affidavit of Service is a sworn statement that says how the court papers were
delivered. You don’t need to fill out an Affidavit of Service if the person you serve signs
and dates a copy of the OSC acknowledging that he or she received the papers. (See
sample Affidavit of Service
in the back of this guide.)
You and the landlord/owner must come back to court on the date on the OSC. Bring
your proof and the Affidavit of Service or the acknowledgment with you when you go
back to court. The Judge will listen to you and the landlord/owner and make a decision.
What do I write in the Affidavit if I missed my court date and the
landlord/owner got a judgment on default?
If the landlord/owner has a judgment against you because you missed your court date
you can use the court’s free and easy DIY (Do-It-Yourself) Form program to make your
Affidavit and OSC: http://nycourthelp.gov/diy/tenantVacateDefault.html. It will help you
fill in the two things you need to prove in the Affidavit
1. A good reason for not going to court when you were supposed to, for example, "I
never received the court papers" or "I was sick," and,
2. A good defense against the landlord/owner's claim in the petition, such as "I paid
some of the rent," or "I need repairs."