Q: a judge set a judgment for 195$ after an eviction and landlord sent me to collections for 3830 I have disputed this
is this fraud on their part
A: Any judgment entered against you can be sent for collections, no matter how small. If the judgment is fabricated, it would be fraud and not only would the collector be criminally liable: you would also potentially be able to recover a financial settlement under the FDCPA. A detailed review of your file is required to evaluate your case.
Steven Warren Smollens agrees with this answer
A:
A: Dear Brooklyn Tenant:
A landlord is not required to seek a monetary judgment for unpaid rent in a Holdover Proceeding (the $3830) when seeking possession, but it is absolutely impossible for a Housing Court Judge to render a judgment for money solely for the landlord's damages caused by not cleaning the apartment. Housing Court has jurisdiction over money claims that are RENT only.
See: https://www1.nyc.gov/assets/dca/downloads/pdf/consumers/Consumers-Debt-Collection-Guide-English.pdf
A debt collector must comply with NYC debt collection rules as well as Federal law. Please be on your guard you are not required to speak with the debt collector. The debt cannot be collected without a judgment. So you may be sued for the unpaid rent.
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