You or someone else may start your case by filling out a court form. You may file by mail if you have a small claims case in Nassau County and Western Suffolk County or if you live outside New York City and you want to sue a party within New York City. The form describes your claim to the Court.
Full Answer
How do I file a small claim in New York State?
For Commercial Small Claims, you must: Be a corporation, association, partnership, or assignee that has its principal office in New York State Pay a court fee ($25 per claim, plus postage costs) Send a demand letter first for consumer transactions
Where can I use the Small Claims Court in New York?
If the defendant lives, works, or has a place of business in New York City, you can use the Small Claims Court in: The New York City County where the defendant lives or works, or has a place of business.
Who can file a small claims case in Suffolk County?
Corporations, associations, partnerships, and assignees must start a Commercial Small Claim. Partnerships may start a Small Claims case or a Commercial Small Claims case in Suffolk County District Court. Limit: You cannot file more than 5 Commercial Small Claims statewide per calendar month.
Where do I file a civil lawsuit in New York City?
If the party you intend to sue resides or does business in New York City, file your claim in the NYC Civil Court where you or the party resides or does business.
How do I file a small claims suit in New York?
To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.
What is the procedure to file a suit in Small Claims Court?
Ask a Lawyer a QuestionTry to settle the dispute outside of court. ... Contact the county clerk in the small claims court district closest to the residence or business of the person you are suing. ... Fill out a complaint form, otherwise known as a "Statement of Claim" at the clerk's office, and pay the filing fee.More items...
How much does it cost to file in Small Claims Court in New York?
FILING FEES: The filing fee for filing a claim for $1,000.00 or less is $15.00. The filing fee for filing a claim for over $1,000.00 is $20.00. The filing fees are payable to the City Court Clerk's Office in the form of cash or money order.
Do I need a lawyer for Small Claims Court New York?
Small Claims Court is a special part of the court where you can sue for money without a lawyer. You cannot sue to make someone do something or for pain and suffering. Anyone 18 years of age or older can sue in Small Claims Court. If you are less than 18 years old, your parent or guardian may sue on your behalf.
What happens if you lose in small claims court and don't pay?
If you lose your case in small claims court, you must pay the amount of the judgment. Normally you have 30 days to pay. You'll be charged interest if you don't pay within this time limit. Worse still, your salary or property could be seized.
How do I write a demand payment letter?
How to write a demand letterEstablish facts. Don't assume everyone knows the facts. ... Refer to evidence. If there's evidence (like a contract), you don't need to include it, but you should refer to it. ... Make a demand. Be specific as to what you want. ... Set a deadline and establish method of payment. ... Offer a consequence.
What is the maximum amount you can sue for in Small Claims Court in New York?
The Small Claims Court has monetary jurisdiction up to $10,000.00. Claims for more than $10,000.00 may not be brought in Small Claims Court.
What is the statute of limitations for Small Claims Court in NY?
Time Limits The statute of limitations in New York for contract disputes is six years. The statute of limitations for personal injury and property damage is three years.
What can you do if someone owes you money and refuses to pay?
Write to the debtor and ask for your money. Get an order from the court to take part of the debtor's wages or money from their bank account. This is called garnishment . Get an order from the court to take or sell the debtor's personal property or land.
What happens if someone doesn't respond to Small Claims Court?
If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.
What is the highest amount for Small Claims Court?
Small claims courts have an upper limit on the amount of money that a party can claim. You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000.
What happens if defendant doesn't show up to court?
Non-attendance by the defendant proceed in the defendant's absence; or. adjourn and issue a warrant for the defendant's arrest.
How much does it cost to go to small claims court in North Carolina?
A filing fee of $96. If you are unable to afford the fee, you can ask to file your case as an indigent by using this form.
How much does small claims court cost in Kentucky?
There is no filing fee unless the amount of your counter-claim exceeds $2,500. If the counter-claim exceeds $2,500, the Office of Circuit Court Clerk will transfer the case from the Small Claims Division to the Civil Division of District Court.
How much does it cost to take someone to small claims court in Iowa?
$95You will then electronically file the appropriate small claims Original Notice form and pay the $95 filing fee. The official forms to use in Iowa small claims cases are available free of charge on this website.
How much does small claims court cost in Oklahoma?
Small ClaimsType of ClaimFiling FeeForcible Entry and Detainer (FED or eviction) less than $5,000.$58 plus serviceForcible Entry and Detainer (FED or eviction) greater than $5,000.$144.14 plus serviceIndebtedness less than $5,000.$58 plus serviceIndebtedness greater than $5,000.$209.14 plus serviceJan 17, 2020
What is a settlement in court?
Settlements. Most court cases are settled. In a settlement both sides agree to the outcome of the case and there is no trial before a judge or a jury. The settlement can be made with or without the help of the court. The agreement is written down and signed by both sides.
What to do if one party does not do what was agreed to in the settlement?
If this happens, either party can ask the court for help by filling out an Order to Show Cause or motion papers asking for a court date to explain the problem.
What happens if one side does not follow the agreement?
If one side does not follow the agreement, the other side can ask the court to enforce it. Because of this, it is very important to read the agreement, understand it and be sure that you can do anything you agree to do. Make sure that the agreement clearly takes care of claims and counterclaims.
What is a settlement agreement written down?
The agreement is written down and signed by both sides. This writing is called a Stipulation of Settlement. This can be done before you come to court or when you are in court. The court can provide a form to write the settlement, or you can make your own. Always keep a copy of the Settlement.
Why do people settle instead of going to trial?
Many people choose to settle instead of going to trial because a settlement is much faster and you can be sure of the outcome.
What to do if you didn't follow the settlement?
If you did not follow the Settlement, or you know you will not be able to follow the Settlement, you can ask the court for help changing the Settlement. For example, you may need more time to make a payment, or you may need to change a date.
Do you have to settle a case if you don't think it is fair?
You do not have to settle the case if you do not think it is fair . You do not have to speak to the other side without the Judge unless you want to. It is your right to have a trial.
Where to file a small claims complaint?
File it in person (or ask someone to file it for you) at the Small Claims Court Clerk's Office. If you are filing the Small Claims Complaint form by mail or filing the Commercial Claims Complaint form by mail you must sign it in front of a notary first.
What is a small claims court?
Small Claims Court is a special court where you can sue for up to $5000. You can only sue for money. You cannot sue to make someone do something or for pain and suffering. Small Claims Court is sometimes called the People's Court because: It is inexpensive and easy to use,
How to get a transcript of a judgment?
Go to the County Clerk in the county where you believe the judgment debtor owns property. If the judgment debtor does own property, ask the Small Claims Court Clerk for a transcript of judgment, pay the fee for the transcript of judgment, and then file it with the County Clerk.
What is the limit for a small claims counterclaim?
In Small Claims and Commercial Small Claims Court, a counterclaim can only be for money, and the limit is $5000.
What is an execution in a small claims case?
An execution is a court order that allows the Sheriff's Office to take property or money to get your judgment paid.
What is the phone number for Suffolk County Consumer Affairs?
SUFFOLK COUNTY CONSUMER AFFAIRS#N#P.O. Box 6100#N#Hauppauge, NY 11788-0099#N#(631) 853-4600 (8:30 a.m. - 4:00 p.m.)#N#The Department of Consumer Affairs enforces the Consumer Protection Law and weights and measures statutes. It also licenses various types of businesses and activities. The Department also conducts research about consumer issues, educates the public about consumer issues and resolves consumer complaints.
Where to file a claim in Suffolk County?
If the party you intend to sue resides or does business in Babylon, Brookhaven, Huntington, Islip, or Smithtown in Western Suffolk County, file your claim in the Suffolk District Court. You may use any of the five Suffolk District Court locations most convenient to you.
What is a small claims court?
WHAT IS THE SMALL CLAIMS COURT? The Small Claims Court is an informal court where individuals can sue for money only, up to $5,000 without a lawyer.
How much money damages can a defendant make in a counterclaim?
This is known as a "counterclaim" and it can be made for up to $5,000 in money damages.
What happens if a claimant wins a judgment?
If the claimant wins, the court will enter a judgment for a sum of money. The court also may require the claimant to take certain action--for example, return damaged merchandise to the defendant--before entering judgment.
Where do you bring an action in a civil case?
You must bring the action in the County where the Defendant resides , works or has an office for the transaction of business at the time you start the action.
Can a defendant file a counterclaim?
The defendant reserves the right to file a counterclaim until the date of the hearing. The claimant may, but shall not be required to, request and obtain an adjournment of the hearing to a later date. The claimant may reply to the counterclaim but shall not be required to do so.
What is a small claims court?
Small claims court is a common way for people to recover money when they’ve been wronged or unfairly taken advantage of by another person or business. There are several examples of common lawsuits frequently adjudicated in small claims court: Small claims case. Example. Bad debt.
How much can you recover in small claims court?
The dollar limit depends on the state, although some states have different limits based on the type of case. In Kentucky and Rhode Island, for example, you can only recover $2,500 in a small claims action. In other states, though, you could be awarded a judgment up to $15,000.
How to sue a painter for a job you didn't finish?
It might mean estimating, but be as exact as possible. For example, if you’re suing a house painter in small claims court because he didn’t finish the job, look at the total amount you paid up front and subtract a percentage based on the amount of work he did. If he completed 75% of the project, sue for 25% of what you paid. Remember, the idea is to recover monetary losses, so you’re taking him to court to get back the money that he owes you. If you only paid him 75% of the total contract amount, you don’t have a small claim. You can still hire another painter to do the rest of the job without losing additional money. The amount you need to recover is what you need in order to get the job done. It’s not aggravation money — it’s recovery for actual loss.
What happens if a defendant fails to appear in court?
If the defendant fails to appear at a small claims court proceeding, the judge will issue a default judgment, which means the court will rule in your favor because the defendant has forfeited their right to present a defense.
How much of a wage garnishment is required?
Wage garnishment. This court order requires that the defendant’s employer pays you by deducting up to 25% of the defendant’s paycheck until the debt is paid.
Is small claims court good?
Small claims court can be a good remedy for disagreements about work performed, property damage or personal injury, or unpaid debt. There are things you can do to be prepared and increase the likelihood of winning your case:
Can a small claims court collect money?
Collecting a small claims judgment. While small claims court can be a great way to be awarded economic damages, sometimes collecting the money can be difficult. A judge’s decision as to who wins goes into the court record, but the judge doesn’t facilitate or enforce payment.
What is small claims court?
Small Claims Court helps individuals or corporations resolve disputes when the amount of the claim is $10,000 or less. All defendants must have an address in New York City.
What to do if you have not been paid in NYC?
If you were awarded a judgment by NYC Small Claims Court, but have not been paid after 30 days, you can ask the Department of Finance (DOF) Sheriff’s Office to help collect the funds that are owed to you. The Sheriff can also carry out Orders of Seizure to collect funds or property.
What happens when a sheriff executes a judgment?
When judgments are "executed" by the Sheriff, the defendant will be charged additional fees and must pay them along with the original debt. The Sheriff will not collect judgments from a Small Claims Court outside New York City unless it was docketed in the New York State Supreme Court.
How do courts hold virtual hearings?
Some courts are holding virtual hearings by video or phone. If your case is going to be heard virtually, the court will contact you to let you know.
Can the sheriff collect judgments from small claims court outside of New York City?
The Sheriff will not collect judgments from a Small Claims Court outside New York City unless it was docketed in the New York State Supreme Court.
How long does it take to get a small claim?
The Notice of Small Claim must be served promptly after filing the claim. Service must be complete at least ten (10) days before the first hearing for all cases except those involving out of state landlords. A return of service, or mail return receipt bearing the defendant's signature, must be filed at or before the time of the first hearing.
How to prepare for a small claims court hearing?
Be prepared to make a clear and concise presentation of your story to the judge. Time is often limited in small claims trials. It is also a good idea to sit through a small claims court session before the date of your hearing. This will give you first-hand information about the way small claim cases are heard.
How much postage is required for a small claim?
Include a large (9” x 12”), self-addressed, stamped envelope with $1.42 cents postage. Upon receipt of the Notice of Small Claim form and correct fee, the Court will assign a case number and hearing date to the form and, using the self-addressed, stamped envelope, send the plaintiff packets for the plaintiff and each defendant with the following documents:
What is the responsibility of a plaintiff in a small claim?
It is the plaintiff’s responsibility to accurately identify the defendant (s), provide a proper address and, if possible, a phone number. After you fully complete the Notice of Small Claim form, you must sign and date the form under penalty of perjury. The clerk will enter the court hearing date, time, and location on the form.
What happens if you drop a lawsuit?
If you drop the suit, your filing fee and service costs are not returned.
What happens if you settle a dispute before the hearing date?
If you settle the dispute before the hearing date, and the settlement is paid, you (the plaintiff) must inform the Court in writing so the hearing can be canceled and your case dismissed. If the other party agrees to pay at a later date, you may ask the Court for a continuance.
How to prepare for a trial?
To prepare for the trial, collect all papers, photographs, receipts, estimates, canceled checks, or other documents relevant to your case. To be considered, your evidence must be admitted and is kept by the Court until the case is finally resolved.