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. 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. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlordtenant cases. New york small claims court in new york 2 results sort. 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 courts are local courts designated to serve a particular county. 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. 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. For a more comprehensive presentation of the small claims court process, visit. 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. The rules are more informal and the process is a lot easier.
In a handful of states, including california, michigan, and nebraska, you must appear in small claims court on your own. I charge a restocking fee to help cover those costs. Everybodys guide to small claims court legal books nolo. 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. In order to avoid legal fees, some consumers have pursued the case on their own, without hiring a lawyer. Winning in the new york small claims court a simple stepby.
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. How to win in small claims court in new york book, 2002. Simply put, a successful collection requires teamwork you tell the marshal where to find the judgment debtors income, money, or other property, and the marshal uses his or her legal authority to. 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. Guidance for small claims court actions new york state. The information contained here is current as of october 28, 2016. Along many states, new york does not allow landlords to file eviction cases in small claims court. I offer free shipping and amazon still gets their selling fees.
The bronx 851 grand concourse basement bronx, new york 10451. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases. Jun 03, 2011 on staten island, night small claims court meets only once a month. How to win in small claims court in new york legal. In small claims court, the trial is an informal hearing before a judge. However, the new york city bar association small claims court guide does not guarantee the accuracy of. Does a corporation or llc need a lawyer in small claims court.
New york small claims court, tenantnettm the online resource for. For example, if your neighbor lets his dog bark all night, preventing you from sleeping, thats a private nuisance. 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 law raises monetary cap for disputes brought in nyc small. 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.
New york city civil court new york state unified court. Small claims court guide new york city bar association. A party must be an individual, aged 18 or over to bring a suit in small claims courts. The small claims court, a guide to its practical use. We hear more than three million cases a year involving almost every type of endeavor. The official home page of the new york state unified court system. 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. Many states have special rules and procedures that must be followed before a suit can be brought against a state or local government agency. Small claims court general selling questions amazon. 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. Cara oneill is the bankruptcy and small claims legal editor at nolo.
Guide to small claims court rural law center of new york. Written in an easytounderstand manner, everybodys guide to small claims court provides stepbystep instructions for preparing and defending small claims cases without a lawyer. In queens, officials have nearly doubled the list of cases facing the single night court judge every thursday, to about 200. Westchester county small claims court small claims court cases are heard in the town or village court for westchester county. Use this page to navigate to all sections within new york city civil court act. How to bring a small claims case to the right location dummies.
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. The representative must state that he or she is actually authorized to represent the party, and must. Despite cutbacks, new york smallclaims courts trudge on. New york city small claims court judiciary of new york. 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. 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. Filing a security deposit lawsuit in new york small claims court. 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.
Guide to small claims court rural law center of new. Small claims court offers ordinary people the chance to resolve small disputes at a low cost and without a lot of complication. If there were multiple cars involved, it is important to name each driver and owner. Court of claims new york state unified court system. 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. 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. How to file a small claims suit in new york legal beagle.
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. Ny city civil court new york state unified court system. 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 person or business can sue for a small monetary amount for damages. Small claims court is a special part of the court where you can sue for money without a lawyer. You may file a claim form by mail only if you live outside new york city and you want to sue a defendant located in new york city, or if you are over 65 or you are disabled and cannot come to court in person. Check with your small claims court clerk for applicable rules and other options, such as commercial small claims city and district courts.
Westchester county small claims court new york small. This guide does not contain all available information relating to the small claims court procedures and rules. You make your claim by submitting a regular bill or by using a court document called a creditors claim form de172, available at urtinfo. 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. The customer was mad because i charged a 15% restocking fee because the item was returned not needed.
Please check back again soon for more information about becoming an arbitrator. You can also use the computer to fillout court forms and interactive court programs, and watch videos, which are also available on line. The three potential places for any lawsuit to be started are. I was threatened with small claims court in new hampshire. This well written guide to the new york small claims courts has everthing in it that you would want to know. You will have to obtain a transcript of your small claims. 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. If sam jones was driving the car when you were hit, but betty smith is the owner, your lawsuit would say. Nyc is a trademark and service mark of the city of new york.
The defendant is also responsible for presenting his or her witnesses. 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 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. 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. Winning in the new york small claims courts richard a. New york county manhattan 111 centre street new york, new york 100 2123748175 supervising clerk of the small claims court 2123745776,79. 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. Listed below are some of those articles, as well as other articles authored by richard solomon that are provided here for your information. Corporationspartnershipsassociations new york city bar. 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. However, the new york city bar association small claims court guide does not guarantee the accuracy of this information. You cannot sue to make someone do something or for pain and suffering. Venue is the legal term for the physical location of the small claims court.
Basically, the question of venue determines which county is the proper place to bring the lawsuit. Discovery of the facts in small claims cases dummies. There is no jury and the plaintiff presents his or her evidence and witnesses. New york small claims forms for court us legal forms. Christa lauri news 12 westchester daytime edition winning in court is only half the battle. A guide to small claims court new york state attorney general. All small claims cases are civil not criminal and the issue at hand must be money owed. In many states, however, you can be represented by a lawyer if you like. Winning in the new york small claims court a simple step. A guide to new york small claims court new york state unified court system judith s. New york city civil court new york state court officers. Pay for the court filing with cash, a bank or cashiers check, or a money order.
Small claims session procedures are easier to follow, and the filing fee. Complete with court terminology, stepbystep instructions and the forms you need, this book makes filing or defending suits in small claims. New york s small claims courts do not accept personal checks. County courts do not exist in new york city counties, and supreme courts in new york city handle all felony cases. The small claims session is a part of connecticut s court system where you can sue for money damages only. From the author preparing for a small claims matter doesnt have to be overly stressful. Consult your telephone book for the address and phone number of your local court, or use the court locator on the new york. The civil court is the largest civil jurisdiction court, by volume, in the united states.
How to sue a government agency in small claims court nolo. Civil court judgments the sheriffs office can attempt to collect outstanding nyc civil court judgments on your behalf. 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. Naming your defendant in a small claims lawsuit nolo. Write the name of the driver and the owners of the car. How to present evidence in small claims cases dummies. You do not need a lawyer to sue in small claims court. Any person who is 18 or older can sue in small claims court. Suing outofstate defendants in small claims court nolo. These courts are a division of the new york city civil court. If you file a formal claim and the personal representative rejects it, you can file suit. Send email government offices county,government offices local.