An order to show cause or sometimes referred to as an OSC is a motion made by a party (typically a tenant) to be heard by a Judge on a pending action. Usually the OSC is filed after a landlord obtains a judgment of eviction and a tenant is served with a notice of eviction or a 72 hour notice of eviction.
Procedurally, the party wishing to file an OSC submits paperwork to the court after which, the Judge usually signs, allowing the case back into court if there is an excusable default and meritorious defense. Although the legal standard is that both an excusable default and a meritorious defense is needed for the Judge to sign the OSC, most tenants’ applications for an OSC are granted notwithstanding the fact the legal burden may not have been met. In most cases, the effect of the OSC buys extra time to either pay the outstanding judgment or move out. By filing the OSC, the tenant stops or “stays” the eviction proceeding until the matter gets back into court and is heard by the Judge. Technically there is no limit to the number of OSCs that are allowed, although after a few applications Judges may not sign more orders if there clearly is no merit to the tenant’s motions.
Being involved in landlord-tenant matters can be very stressful, but with James G. Dibbini & Associates assisting you, the process can be more manageable with faster and positive results. Call us today if you have an existing landlord-tenant matter or question.
