Up until the time a Warrant of Eviction is issued when you're sued in a nonpayment suit, you have a right for a judge to halt your eviction by depositing the back rent with the court, along with interest, penalties and the costs of the proceeding. If the Warrant of Eviction has already been issued, and even if you've already received a Marshal's Notice, the court may allow you to stay if you have the past due rent and request an Order to Show Cause. This gives you an opportunity to explain to the judge that the rent can be paid if the court halts the eviction. There is no guarantee of this once the City Marshal is involved, but it is a possibility. An experienced Tenants' lawyer may be able to help you make a more persuasive argument. If you have defended yourself up to this point, it may be worth the legal fees to get professional help for this appearance.
Attention New York City Tenants: See this new page that has just been added to the McAdams Law main site on Bad Conditions .