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New York City Small Claims Court

New York City Small Claims Court

New York City Small Claims Court: What You Need to Know

If you are a resident of New York City and have a legal dispute with someone, you may be wondering if you should take your case to court. The good news is that New York City has a small claims court dedicated to resolving minor disputes between individuals or businesses. Here’s what you need to know about New York City Small Claims Court.

Jurisdiction

New York City Small Claims Court has jurisdiction over civil 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 City handles a variety of cases, including:

– Landlord-tenant disputes
– Breach of contract claims
– Personal injury claims
– Consumer complaints
– Small business disputes
– Property damage claims

Filing a Claim

To file a small claims case in New York City, 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.

Conclusion

Small Claims Court in New York City is a useful resource for resolving minor legal disputes quickly and inexpensively. It’s important to understand the process and requirements before filing a claim, so take the time to review the information provided by the court. If you need legal advice or representation, consider consulting with a lawyer who specializes in small claims cases.


New York City Small Claims Court

The New York City Small Claims Court is a division of the Civil Court of New York City.  It hears all actions for money damages, only, where the cause of action is a tort, contract, or other action where the claimant is seeking compensation that does not exceed $5,000.  In the New York City Small Claims Court it is permitted to split claims so that a claimant will be within the jurisdictional amount; however, no corporation, partnership or association may sue in small claims court.  For example, if the claim is for $6,500 then the claimant may file two claims; one for $1,500 and another for $5,500.  Cases in New York City Small Claims Court are presided over by a volunteer arbitrator, with no jury.  A party may retain the use of an attorney, even though it is not necessary.

In order to file a claim in the New York City Small Claims Court the claimant must complete a statement of claim form.  This must be filed in the small claims court that has jurisdiction over the case.  Jurisdictional requirements are met if the case is filed in the New York City Small Claims Court for the New York City county where the defendant resides, where the defendant may be found, where the contract was signed or performed, or where the cause of action accrued.  The statement of the claim must include the names and addresses of both parties involved; the amount of damages the claimant is seeking; and an explanation of why the person owes the claimant money.  The clerk’s office will charge a fee for filing a statement of claim.  The fee is $15 for claims up to $1000; and $20 for damage amounts that exceed that number.

After the statement of the claim is processed it must be served upon the defendant.  This is to give the defendant the knowledge of the claim against him, or her; where and when to appear in court; and an opportunity to respond to the claim.  The Statement of Claim and Notice of Claim will be delivered by the clerk’s office by first class mail or certified mail with return receipt requested.  The defendant then has 20 days after receiving the Notice of Claim in order to file an answer.  If the defendant cannot be found then the claimant may pay an authorized process server to personally serve process upon the defendant. If you need legal advice and assistance, contact New York Lawyers.