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New York Small Claims Court

New York Small Claims Court

New York Small Claims Court: A Guide to Resolving Disputes

If you live in New York and have a legal dispute with someone, you may be wondering what your options are. One option is to pursue your case in small claims court. Here’s what you need to know about New York small claims court.

Jurisdiction

Like most states, New York has a small claims court that handles certain types of civil cases. In New York, small claims court has jurisdiction over cases where the amount of damages sought is $5,000 or less. This means that if you are suing someone for more than $5,000, you will need to file your case in a different court.

Types of Cases Heard

Small claims court in New York handles a variety of cases, including:

– Landlord-tenant disputes
– Contract disputes
– Personal injury claims
– Consumer complaints
– Small business disputes
– Property damage claims

Filing a Claim

To file a small claims case in New York, you must first fill out a Small Claims form, which can be found online or at the courthouse. You will need to provide the names and addresses of everyone involved in the case, a brief description of the dispute, and the amount of money you are seeking. There is a filing fee, which varies depending on the amount of money you are seeking.

Hearing Process

Once you file your small claims case, you will be scheduled for a hearing in front of a judge. At the hearing, both parties will have an opportunity to present their case and evidence. It’s important to bring copies of any documents that support your claim, such as contracts, receipts, or photographs. The judge will then make a decision based on the evidence presented.

Appealing a Decision

If you are unhappy with the judge’s decision, you have the right to appeal. You must file an appeal within 30 days of the judgment. The appeal will be heard by a different judge, who will review the evidence and make a new decision.

Collecting Your Judgment

If you win your case, the court will issue a judgment in your favor. However, it’s up to you to collect the judgment from the defendant. The court may offer assistance in collecting your judgment, such as garnishing wages or seizing assets.

Conclusion

Small claims court in New York can be a useful tool for resolving minor legal disputes. By understanding the process and requirements before filing a claim, you can increase your chances of success. However, if you are unsure about your legal rights or need representation, it’s important to consult with an attorney who specializes in small claims court. With the right preparation and legal guidance, you can achieve a favorable outcome in your case.


What to Know about New York Small Claims Court

The New York Small Claims Court is a division of New York’s judiciary system that allows an individual or business to sue another person who also resides in the town or city where the court sits. The person or business can sue for a small monetary amount for damages. In New York Small Claims Court, the damages cannot exceed $5,000, although in other states this limit may be higher or lower.

A person can choose to sue for any type of damage as long as it can be translated into a monetary value. For example, an individual may choose to sue against a repair service that is not satisfactory as according to what was paid for, a company that provides a defective product, or even against an employer who refuses to pay wages.

Cases that can be taken to New York Small Claims Court include:

Return of security deposit

Back rent

Unpaid claims

Damaged or broken property

Breach of verbal or written contract

Bills from doctors or hospitals due to medical treatment

Claims Valued up to the Limited Amount

Usually, individuals over 18 years old can bring forward an action in New York Small Claims Court. For individuals under the age of 18, a guardian or parent must file the claim instead. The individual who is suing is considered the claimant or the plaintiff while the individual or business being sued is the defendant.

In New York Small Claims Court, corporations, associations, partnerships, or assignees can be sued, but they cannot be the claimant. However, there is a protocol similar to that of New York Small Claims Court for these parties to bring forth a claim.

Before Filing a Lawsuit in New York Small Claims Court

Before starting a claim in New York Small Claims Court, it is best to try to first settle the dispute. In most circumstances, an individual is asked to sign an affidavit, which is a sworn statement, stating that the signer made a true attempt to collect on the claim at hand. This could have been done in person, in writing, or via phone. The offer must be clear, simple, and rational. These written communications can be used later in court proceedings if needed.

Starting a Lawsuit in New York Small Claims Court

If an individual has used all possible and reasonable methods to settle the dispute without the involvement of the court, and the claimant has decided that suing is the right action to take, he or she should start to collect all relevant information before going to the court house. These can include records of contracts, agreements, and any witnesses as well.

To initiate a claim in New York Small Claims Court, a person must first go to the Clerk’s office of the Small Claims Court of the relevant county and complete a statement of claim. This will require a fee of either $15 or $20, depending on the amount of damages, which must be paid by cash, money order, bank check, or certified check. From there the clerk gives a date for the hearing. If you need legal advice and assistance, contact New York lawyers.