Showing posts with label civil procedure. Show all posts
Showing posts with label civil procedure. Show all posts

Monday, February 13, 2023

Schuyler officials taking extra steps to help property owners avoid tax foreclosure.

Over the next few weeks, some tax delinquent Schuyler County residents will be getting a personal letter from County Treasurer Holley Sokolowski and County Attorney Steven Getman.

The message is polite and to the point: Please pay your back property taxes before February 28.

That’s the date after which, if taxes are not paid, a Schuyler County Court Judge may enter a judgment ordering the property seized and sold at public auction.

In an attempt to prevent that, Sokolowski and Getman are sending the letters, with handwritten notes on the envelopes, to approximately eighty property owners who still haven’t paid their back taxes.

“The letter reminds them of the deadline and provides options to avoid the foreclosure,” Sokolowski said. “Eligible property owners can pay the full amount due or arrange for an installment agreement.”

“It's the job of the county to collect taxes, but the main focus here is keeping people on their property and in their homes," Sokolowski said.

The letters also mention some of the services county tax dollars support, including law enforcement, public health, roads and bridges and social services.

The letters are based on research that found people are more likely to respond to personal letters and handwritten notes than to form documents, Getman said.

“A form letter may look like junk mail and get tossed,” Getman explained. “Handwriting shows the letter deserves more attention and sends a message that this is important.”

The letters are only the latest step in the county’s efforts to collect overdue taxes while keeping people in their homes.

According to Sokolowski, each November, the county mails out Foreclosure Notices and Petitions to properties with back tax liens from the prior year. Those notices go out by both regular and certified mail to property owners, mortgage holders and others with identified interests in the delinquent properties.

“The county also publishes a list of the delinquent taxes in two local newspapers and, in certain cases, posts warnings on the properties that they could be sold for back taxes,” she noted.

Only after each of those steps occurs, Getman explained, does the court enter a judgment foreclosing on the property.

After the court issues the foreclosure, the properties, if unredeemed, are sold at a public auction.

“The law requires the county to take every step to enforce the property tax laws and ensure that everyone pays their fair share,” Getman said.

"This is really just another way to do that, above and beyond what the law requires, while making sure we're keeping people in their homes and businesses."

As County Treasurer, Sokolowski is the chief fiscal officer of county government and enforcement officer for unpaid property tax liens.

As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including tax matters.

Monday, June 8, 2020

New York Statutes of Limitations to remain tolled under Governor Executive Order

All New York Statutes of Limitations remain tolled due to COVID until July 6 under the latest executive order:

The order tolls “any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state, including but not limited to the criminal procedure law, the Family Court act, the civil practice law and rules, the Court of Claims act, the Surrogate’s Court procedure act, and the uniform court acts, or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof.”

Monday, April 27, 2020

New York State Court of Appeals to move to virtual arguments in June

The New York State Court of Appeals, the state's highest court, is following the Appellate Division into virtual arguments in June due to COVID-19.

Currently, the Court is only considering submitted (on papers) appeals during its April and May session, not in-person arguments, according to published reports.

Monday, May 13, 2019

New York Court of Appeals rules Ohio gun seller not subject to injury lawsuit in New York

A gun dealer from Ohio who sold a firearm that was later trafficked into New York and used illegally in a shooting cannot be sued in state court by the victim of that crime, the New York State Court of Appeals ruled May 9.

The court held that Charles Brown, an Ohio gun dealer, couldn’t face the litigation in New York court because he sold the gun in Ohio and had no control over where it would end up after the sale, even if the buyer alluded that he may bring it to New York.

“Despite (the buyer’s) stated aspiration to open a gun shop in Buffalo, the record is devoid of evidence supporting plaintiffs’ theory that, merely by selling handguns to (the buyer) Brown intended to serve the New York market,” the court ruled.

Brown, in this case, was not part of a scheme to traffic guns into New York, the court held. The judges said there was no way for him to know what would happen to the firearms after they were sold so he did not purposefully enter into the New York market at the time.

The buyer later pleaded guilty to federal gun trafficking charges.

Brown's attorney said that "the case's main significance was that this was the lawful sale of a lawful product."

The complete decision can be found here.