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. Despite cutbacks, new york smallclaims courts trudge on. Many states have special rules and procedures that must be followed before a suit can be brought against a state or local government agency. In small claims court, the trial is an informal hearing before a judge. You can locate your nearest dispute resolution center by checking your telephone book or by obtaining at small claims court the brochure on your local dispute resolution center. Basically, the question of venue determines which county is the proper place to bring the lawsuit. You do not need a lawyer to sue in small claims court. If sam jones was driving the car when you were hit, but betty smith is the owner, your lawsuit would say. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlordtenant cases. Apr 19, 2019 join the over 2800 small claims court arbitrators in new york city who preside over 95% of the cases heard in the small claims court. Rules specifically for claims of corporations, partnerships and associations. Small claims courts are courts that have been simplified and are less formal in order to allow greater access for parties in certain types of cases. Small claims court guide new york city bar association.
This well written guide to the new york small claims courts has everthing in it that you would want to know. In queens, officials have nearly doubled the list of cases facing the single night court judge every thursday, to about 200. Learn how to correctly file or handle a small claims action in the proper courts and get answers to some important questions you may have about small claims court. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases. Please check back again soon for more information about becoming an arbitrator. Consult your telephone book for the address and phone number of your local court, or use the court locator on the new york. California allows a plaintiff to correct a defendants name at the time of the hearing and, in some cases, after judgment, if the defendant is a business person using a fictitious name.
The customer was mad because i charged a 15% restocking fee because the item was returned not needed. Court of claims new york state unified court system. Any person who is 18 or older can sue in small claims court. How to win in small claims court in new york book, 2002.
You can also use the computer to fillout court forms and interactive court programs, and watch videos, which are also available on line. The rules are more informal and the process is a lot easier. In many states, however, you can be represented by a lawyer if you like. There is no jury and the plaintiff presents his or her evidence and witnesses.
Winning in the new york small claims court a simple step. A party must be an individual, aged 18 or over to bring a suit in small claims courts. I offer free shipping and amazon still gets their selling fees. Guidance for small claims court actions new york state. All small claims cases are civil not criminal and the issue at hand must be money owed. Westchester county small claims court new york small. Along many states, new york does not allow landlords to file eviction cases in small claims court. Listed below are some of those articles, as well as other articles authored by richard solomon that are provided here for your information. An individual who represents a party to a small claims court action may complete and sign an authorization to appear form sc109a form provided by the clerk of the small claims court or printed from the judicial councils web site. Judgments from a small claims court outside of new york city are not valid in new york city unless docketed in a new york state supreme court. The three potential places for any lawsuit to be started are.
This guide does not contain all available information relating to the small claims court procedures and rules. New york city small claims court judiciary of new york. One problem with the system is that the court wont help you collect, mr. In order to avoid legal fees, some consumers have pursued the case on their own, without hiring a lawyer. New york city civil court new york state unified court. The defendant is also responsible for presenting his or her witnesses. Nuisance cases in small claims court in legal theory, whats called a private nuisance occurs whenever someone prevents or disturbs your use or enjoyment of your property. Where the defendant lives, works, or has a place of business. New york small claims court in new york 2 results sort. The civil court is the largest civil jurisdiction court, by volume, in the united states.
Ny city civil court new york state unified court system. Jun 03, 2011 on staten island, night small claims court meets only once a month. Is inexpensive and easy to use, you do not have to have a lawyer. The very best book that i have read on this topic is winning in the new york small claims courts by richard solomon who teaches a course on this topic at a university. Does a corporation or llc need a lawyer in small claims court.
Corporationspartnershipsassociations new york city bar. A guide to small claims court new york state attorney general. Find small claims court in surrounding new york county on yellowbook. Although rare in small claims court, its a factfinding exercise so that each side can learn more about the case and perhaps get it resolved without going to trial when all the details are known to both sides. Filing a security deposit lawsuit in new york small claims court. The new york city bar association small claims court guide makes every effort to keep information and related forms uptodate and in accordance with applicable law. How to file a small claims suit in new york legal beagle.
Small claims court offers ordinary people the chance to resolve small disputes at a low cost and without a lot of complication. The small claims court, a guide to its practical use. Suing outofstate defendants in small claims court nolo. New york small claims forms for court us legal forms. For example, if you feel that a person or business damaged something of yours, you may sue that person or business for the monetary amount of your damages. Small claims session procedures are easier to follow, and the filing fee.
Even where nearby small claims courts do exist, some consumers have chosen to file suit in a higher court because the jurisdictional amount limit on the amount you can recover in a given court is too low in small claims court. Everybodys guide to small claims court legal books nolo. The small claims session is a part of connecticut s court system where you can sue for money damages only. You make your claim by submitting a regular bill or by using a court document called a creditors claim form de172, available at urtinfo.
New york city civil court new york state court officers. New law raises monetary cap for disputes brought in nyc small. Write the name of the driver and the owners of the car. Small claims court general selling questions amazon. Check with your small claims court clerk for applicable rules and other options, such as commercial small claims city and district courts. Send email government offices county,government offices local. If you want an easytounderstand, yet comprehensive guide to the new york small claims courts, packed with sample forms, practice tips, and a complete explanation of the rules and many relevant laws, then this book is for you. Civil court judgments the sheriffs office can attempt to collect outstanding nyc civil court judgments on your behalf. Winning in the new york small claims court a simple stepby. New yorks small claims courts do not accept personal checks.
Nyc is a trademark and service mark of the city of new york. How to win in small claims court in new york legal. If you file a formal claim and the personal representative rejects it, you can file suit. This makes sense because usually the dollar amounts allowed in small claims cases arent large enough to justify people traveling great distances to go to court, and normally, your dispute will. The purpose of small claims court and the motivation behind the relaxed evidentiary rules and procedures is to allow these cases to be resolved informally and without.
However, the new york city bar association small claims court guide does not guarantee the accuracy of this information. Of note, we had operated a onenight a week small claims part in harlem since 1971,when we opened this court in conjunction with the nyc dept. Christa lauri news 12 westchester daytime edition winning in court is only half the battle. Cara oneill is the bankruptcy and small claims legal editor at nolo. The help center provides free limited access to the internet for litigants to research community resources, and civil, small claims and landlordtenant law topics, while at the courthouse. Guide to small claims court rural law center of new. Small claims court naming your defendant in a small claims lawsuit you are allowed to sue just about any defendanta person, sole proprietorship, partnership, corporation, llc, or government entityin small claims court.
Written in an easytounderstand manner, everybodys guide to small claims court provides stepbystep instructions for preparing and defending small claims cases without a lawyer. You will have to obtain a transcript of your small claims. Venue is the legal term for the physical location of the small claims court. In small claims court, the procedure for either the plaintiff or the defendant to find out more about the other sides case is called discovery. In a handful of states, including california, michigan, and nebraska, you must appear in small claims court on your own. This is findlaws hosted version of new york city civil court act. Pay for the court filing with cash, a bank or cashiers check, or a money order. Submit your claim directly to the probate court and serve a copy on the personal representative. The official home page of the new york state unified court system. Discovery of the facts in small claims cases dummies.
New york s small claims courts do not accept personal checks. Winning in the new york small claims courts has simple tips we can all use in case you find yourself in front of a judge in the county. Dec 23, 2019 to initiate a claim in new york small claims court, a person must first go to the clerks office of the small claims court of the relevant county and complete a statement of claim. I was threatened with small claims court in new hampshire. The bronx 851 grand concourse basement bronx, new york 10451. Complete with court terminology, stepbystep instructions and the forms you need, this book makes filing or defending suits in small claims. She edits, authors, and coauthors several nolo books, including how to file for chapter 7 bankruptcy, chapter bankruptcy, the new bankruptcy, everybodys guide to small claims court, solve your money troubles, credit repair, and the foreclosure survival guide. Small claims court is a special part of the court where you can sue for money without a lawyer. New york allows a plaintiff to sue a defendant under any name used in conducting business if it is impossible to find out the defendants true name.
For example, if your neighbor lets his dog bark all night, preventing you from sleeping, thats a private nuisance. How to bring a small claims case to the right location dummies. I especially liked having all the forms in one place in the back of the book for ez reference and the practice tips which were written in plain english and ez to understand. The person or business can sue for a small monetary amount for damages. You cannot sue to make someone do something or for pain and suffering. Winning in the new york small claims courts richard a.
County courts do not exist in new york city counties, and supreme courts in new york city handle all felony cases. Small claims courts are local courts designated to serve a particular county. The representative must state that he or she is actually authorized to represent the party, and must. The new york state court of claims is the exclusive forum for civil litigation seeking damages against the state of new york or certain other staterelated entities such as the new york state thruway authority, the city university of new york, the olympic regional development authority, the roswell park cancer institute corporation and the new york state power authority claims. New york small claims court, tenantnettm the online resource for. How to sue a government agency in small claims court nolo. A guide to new york small claims court new york state unified court system judith s. Naming your defendant in a small claims lawsuit nolo. New york county manhattan 111 centre street new york, new york 100 2123748175 supervising clerk of the small claims court 2123745776,79. We hear more than three million cases a year involving almost every type of endeavor.
If there were multiple cars involved, it is important to name each driver and owner. However, the new york city bar association small claims court guide does not guarantee the accuracy of. In small claims cases, the court clerk can give you a booklet that offers suggestions on how to increase your chances of collecting your judgment. Westchester county small claims court small claims court cases are heard in the town or village court for westchester county. How to win in small claims court in new york simplifies and thoroughly explains everything you need to know to successfully handle your own small claims case, whether you are the plaintiff or defendant. Use this page to navigate to all sections within new york city civil court act. Guide to small claims court rural law center of new york. The purpose of small claims court is to hear disputes involving relatively small amounts of money for example, if you want to get your landlord to return your security deposit, or an auto repair shop to give you a refund for shoddy work. From the author preparing for a small claims matter doesnt have to be overly stressful. I charge a restocking fee to help cover those costs. The information contained here is current as of october 28, 2016.
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