Your Guide To Small Claims & Commercial Small Claims In

1y ago
901.36 KB
40 Pages
Last View : 2d ago
Last Download : 1y ago
Upload by : Alexia Money

Your Guide toSmall Claims &Commercial SmallClaims in: New York City Nassau County Suffolk CountyThis Guide shows you how to: Start your case File a commercial claim Collect a judgment Contact government agencies Find the right court for yoursmall claimThis booklet is available online /smallclaims.pdf.Booklet #: B 10 (rev. 12/30/2019)

This Guide is dedicated to the memory ofJoseph A. J. Gebbia“Mr. Small Claims”1943 - 2017Former Executive Director of the SmallClaims Arbitrators Association and retiredDeputy Chief Clerk Small ClaimsNew York City Civil Court

Table of ContentsWhat is Small Claims Court? . 1Who can use Small Claims Court?. 2How do I start my small claims case? . 4Can the person I am suing sue me? . 6Who tells the person I am suing about my claim? . 7Can I postpone my trial? . 8Which Small Claims Court do I use? . 9Special rules for suing a public agency or city. 10How do I get ready for my trial? . 11Can I have witnesses at my trial? . 11Can the defendant and I agree to settleour case before the trial? . 12What do I do on the day of my trial? . 13What happens if one side does not go to the trial?. 13Who will decide my case? . 13What is an arbitrator?. 14What happens during my trial? . 15What if I do not agree with the Court’s decision? . 16How do I get my money if I win? . 18How do I find out about the judgment debtor’smoney and property? . 20Commercial Small Claims . 23Special rules for consumer transaction cases . 24ResourcesGovernment Agencies That May Help WhenCollecting Your Judgment . 27County Clerk Offices . 29Enforcement Officers & Police Department . 30Small Claims Court Locations & Hours . 31-34Special Rules for Eastern Suffolk County. 34

What is Small Claims Court?Small Claims Court is a special section of a courtwhere you can sue for up to 5000. In NYC youcan sue for up to 10000. You can only sue formoney. You cannot sue to make someone dosomething or for pain and suffering.Small Claims Court: Is inexpensive and easy to use, You do not have to have a lawyer, The Court will notify the defendant for you,* It has convenient hours of operation.* If the Court is not able to notify the defendant by mail, the clerk will tell you what to do.Before you start your case, read these important facts:This guide only applies to cases where the defendant lives, worksor does business in New York City, Nassau or Suffolk Counties.For small claims you must: Be an individual who is 18 or older* Fill out a court form that explains your claim Pay a court fee ( 15 – 20)* Corporations, associations, partnerships, and assignees must start a commercial smallclaim. Partnerships may start a small claims case or a commercial small claims case inDistrict Court in Nassau County or Western Suffolk County. See below.For commercial small claims, you must: Be a corporation, association, partnership, or assignee Pay a court fee ( 25 per claim, plus postage costs) Send a demand letter first for consumer transactionsYou cannot file more than 5 commercial claims statewide percalendar month.Deadline! There are strict deadlines for claims against amunicipality, city, or county agency. See page 10.There are special rules if you have a small claims case inEast Hampton, Riverhead, Shelter Island,Southampton, or Southold. See page 34.1

Who can use Small Claims Court?If you have a small claims case in Eastern Suffolk County, readpages 1-22 of this booklet and page 34.Who can use Small Claims Court?Any person who is 18 or older can sue in Small Claims Court. Ifyou are under 18, your parent or guardian can sue for you.Can I sue for more than 5000 in Small Claims Court?If your claim is for more than 5000 in either Nassau or Suffolkcounty you must start a civil case. In NYC you may sue for up to 10000 in Small Claims Court. You cannot split your claim intosmaller claims to get around the limit.Can partnerships start a small claims case?In New York City, partnerships can only start a commercial smallclaims case.In Western Suffolk County or Nassau District Court, partnershipscan start a small claims case or a commercial small claims case.See page 9 to know which court to use.Can corporations and associations start a small claimscase?Corporations, associations, and assignees cannot start a smallclaims case. They must start a commercial small claims case. Seepage 23.Do I need a lawyer to sue in Small Claims Court?You do not need a lawyer to sue in Small Claims Court. But youmay have one, if you want to. The other side may also have alawyer.What if I don’t speak English well?If you need an interpreter, tell the Small Claims Court Clerk whenyou file your claim. The clerk will assign an “official” interpreter toyour trial if you or a witness needs one.2

What if I need accommodations for a disability (ADA)?Each Court has a contact person to help you. county.shtml to find thephone number or ask a Court Clerk.What if someone sues me, but I am not theresponsible person?Ask the Small Claims Court Clerk for information about a “thirdparty action.” You may be able to have the responsible personadded to your case.Can I sue on behalf of someone else?Unless you are the parent or guardian suing on behalf of yourchild, probably not. For example, if you had an accident in aborrowed car, the registered owner of the car can sue, but youcannot sue for damages to the car.Do I have to dress-up to go to Court?No. You do not have to buy anything special or new to wear toCourt. Remember it is a formal place, so no t-shirts with swearwords, belly shirts or plunging necklines. You want to beconservative and respectful.If you sue in Small Claims Court: You are the claimant or plaintiff. The person or business you sue is the defendant.3

How do I start my small claims case?How do I start my small claims case?You or someone else may start your case by filling out a courtform. You may file by mail if you have a small claims case inNassau County and Western Suffolk County or if you live outsideNew York City and you want to sue a party within New York City.The form describes your claim to the Court.Where do I get the court form?You can get the form from the Court Clerk in your county.For Western Suffolk County, New York City and Nassau County,you can also get the form from the Internet: New York s/CIV-SC-50.pdf In Nassau pdf/District/SmallClaimsComplaintnew.pdf Western Suffolk /dist/pdf/DC283web.pdfFor information about e-filing in New York City, go startingcase.shtml.There is a fee for this service.What information will I need to fill out the form?You will need the correct name and street address of eachdefendant and claimant. You cannot use a P.O. Box.What if I do not have the defendant’s correct,legal name?You can still start your case. You can use any name that thebusiness or person operating the business uses. But once you getthe correct information, give it to the Court Clerk. (If you do notprovide the correct information, it will be very hard for you tocollect your money judgment, if you win.)4

To find the correct, legal name of a business, contact the CountyClerk’s Office in the county where the business is located. Seepage 29 for County Clerks’ contact information.What do I do with mycompleted form?File it (or ask someone to file it for you)at the Small Claims Court Clerk’s Office.If you are filing the form by mail inWestern Suffolk County you must sign itin front of a notary first. See pages 31-34 for Small Claims CourtLocations & Hours.Do I have to pay to file my claim?Yes. You must pay a court fee (cash or money order). Nassauand Western Suffolk County accept credit cards in the courthouse.Western Suffolk County accepts personal checks. Checks andmoney orders should be made payable to “The Clerk of theCourt.” The fee to sue in Small Claims Court is: 15 for claims up to 1000, and 20 for claims over 1000.Is there another way to solve my problem without goingto Court?Yes. Every county in the state of New York has a communitydispute resolution center that offers mediation for free.You can find the location of a community dispute resolution centernear you: At the Small Claims Court Clerk’s Office, or At: n New York City, watch a video on how to fill out the SmallClaims form:English: Ew-f3i-bCrsSpanish: XWFXny6YEARussian: 7Sk09tjhKSo5

Can the person I am suing sue me?Can the person I am suing sue me?Yes! If the person you are suing (the defendant) wants to sue you,s/he may file a small claims counterclaim against you.In the Small Claims Court, a counterclaim can only be for money.In Nassau and Suffolk counties the limit is 5000. In NYC you maycounterclaim for up to 10000. The defendant will have to pay a 5 filing fee plus the cost of mailing to file a counterclaim.How will I know if the defendant files a counterclaim?The Court will send you a notice or you will be told on the trialdate. If the defendant files a counterclaim, s/he must do so: Within 5 days of getting the notice of your claim, or On the day of the trial.If the defendant sues me, will my case be postponed?If the defendant files the counterclaim on the day of the trial, youmay ask the judge to postpone the case so you can have time toprepare.But if you received notice of the counterclaim before the date ofyour trial, you must be ready to present your claim and defendagainst the counterclaim on the date of your trial.6

Who tells the person I am suing aboutmy claim?Who tells the person I am suing about my claim?After you file your claim, the Small Claims Court Clerk will servethe defendant a notice by mail. If the defendant cannot be servedby mail, the clerk will tell you what to do.Service of the notice lets the defendant know about your claim.It tells the defendant: What the claim is about, How much money you are asking for, and The date of your Small Claims Court trial.How do I know if the defendant was served?The clerk will mail the defendant two copies of the notice: One by regular, first-class mail, and The other by certified mail.If the Post Office does not return the notice that was sent by regularmail to the Clerk’s Office within 21 days (30 days for consumertransactions cases), the Court considers the defendant to havebeen served – even if the notice sent by certified mail was notdelivered.What if the Post Office was not able to delivereither notice?If neither notice could be delivered, the clerk will: Tell you how to have the defendant served, and Give you a new date and time for your trial.7

How do I have the defendant served?Someone who is 18 or older– not you or anyone else involved inthis case – can serve the notice. TheClerk will give you instructions. You canalso hire a process server.If 4 months go by after you first file yourclaim, and you have not been able topersonally serve the defendant, the Court will dismiss your case.Later, if you find out about the defendant’s location, you can fileyour claim again.Important! You cannot have a trial if the defendant wasnot served.Can I postpone my trial?Can I postpone my trial?You can ask the Court to postpone your trial, but unless you havea good reason, the Court may not agree.How do I ask to postpone my trial?You cannot ask to postpone (adjourn) your trial by calling theCourt. Send a letter to the Court and to the other side asking topostpone the case. If the other side agrees in writing, bring theletter to the Court and give it to the Clerk. The Clerk will send youthe new trial date. If the other side does not agree or does notanswer, you (or someone who can speak for you) should go to theSmall Claims Court on the date of the trail and explain to the Courtwhy you need a postponement.If you or someone else on your behalf can not come to Court onthe trial date, the Court will read your letter, but may not postponethe case and your case may be dismissed. If you are thedefendant, the Court may hear your case even if you are notthere. If the Court postpones the case, you will be notified of thenew trial date.8

Which Small Claims Court do I use?Which Small Claims Court do I use?If the defendant lives, works, or has a place of business in NewYork City, you can use the Small Claims Court in: The New York City County where you live, The New York City County where the defendant lives orworks, or has a place of business.If the defendant does not live or work or have a place of businessin New York City, you cannot file a small claim in New York City.If the defendant lives in New York City, but you do not, contact theSmall Claims Clerk in the county where the defendant lives, worksor has a place of business. Ask the clerk how to file by mail.If the defendant lives, works, or has a place of business inNassau County, you must use the Small Claims Court listedon page 32, Small Claims Court Locations & Hours, to knowwhich court you must use.If the defendant lives, works, or has a place of business inBabylon, Brookhaven, Huntington, Islip, or Smithtown inWestern Suffolk County, you must use the Small ClaimsCourt listed on page 33, Small Claims Court Locations &Hours, to know which court you must use.If the defendant lives, works, or has a place of business inEast Hampton, Riverhead, Shelter Island, Southampton, orSouthold in Eastern Suffolk County, you must use the SmallClaims Court listed on page 34. There are special rules forsmall claims cases in Eastern Suffolk County.Where are the Small Claims Courts?The addresses, telephone numbers, and hours are listed onpages 31-34, Small Claims Court Locations & Hours.9

Special rules for suing a public agency,city, town or villageCan I sue a public agency in Small Claims Court?You can use the smallclaims courts to sue a: town, village, city, or county agency.You cannot sue the federalgovernment or a state agency inSmall Claims Court. Sue a stateagency in the Court of aims/.Do I have to tell theagency that I plan to sue them?Yes! By law, you have only 90 days to notify the agency. Startcounting from the day you were injured or your items weredamaged. You cannot sue unless you notify the agency.What if I miss the 90-day deadline?The Court may dismiss your case, even if you are only 1 day late.How do I notify the agency?Get the notice form from the agency you are suing. Fill it out. Theagency will give you a claim number. In New York City, the SmallClaims Clerk can give you addresses for all New York Cityagencies. Some notifications can be done s/for-the-public/claims/file-aclaim/.What do I do after I notify the agency?The agency may: Make you an offer to settle your claim, Deny (refuse to pay) your claim, or May not respond.After 30 days, if not settled, start your case in Small Claims Court.Deadline! You have 1 year 90 days to file (or 1 year 30 days ifyou are suing the MTA). Count from the date you were injured oryour items were damaged.10

How do I get ready for my trial?Before your trial, organize all your evidence that supports yourclaim, including: Photos, written agreements, letters, or other documents, Itemized bills, canceled checks, receipts or invoices markedPAID, damaged items, etc.If you are asking for money to make repairs, you must get twosigned itemized written estimates.Can I have witnesses at my trial?Yes. You can have witnesses at your trial. A witness can be: You, Someone who knows something about your claim, or Someone with a lot of knowledge or experience with thereason for your claim. (This is called an expert witness.)Before speaking to the Court (testifying), all witnesses must firstswear or affirm to tell the truth.Do I need an expert witness to testify at my trial?If the reason for your claim requires expert knowledge tounderstand, it’s a good idea to have an expert witness. Forexample, if your claim is about poor workmanship fixing a roof,you will need a roofer with expert knowledge of your type of claim.That roofer must be willing to testify at your trial. In most cases,you must pay an expert witness to testify. You cannot use asubpoena to make an expert witness testify.What if a witness does not want to testify or give merecords?You can ask the Small Claims Court Clerk for a subpoena. Asubpoena is a court order that can order your witness to: Send documents or records to the Court, or Go to your trial to testify.The Small Claims Court Clerk will help you fill out a subpoena.11

Who gives (serves) the witness the subpoena?You must arrange for the witness to be served the subpoena. Theserver can be a friend or relative who is 18 or older. Neither younor anyone else involved in this case can be the server.Do I have to pay the witness?The witness has the right to receive a 15 witness fee, whichmust be paid when the subpoena is served. You must give theserver the fee to pay the witness, and in some cases, you mayhave to pay travel expenses, too.Is there a deadline to serve a subpoena?The subpoena must be served before the trial date. You shouldgive the witness a “reasonable” amount of time to prepare for thetrial and/or to produce the items listed on the subpoena.Reasonable usually means 5 or more days before the trial.Can the defendant and I agree to settle our casebefore the trial?Yes. In fact, it is almost always better if you and the defendant canmake an agreement either before or during the trial. You may feelcertain that you will win your case, but the Court may not agreewith you.If you make an agreement before your trial date, and the claimhas been paid in full, notify the Small Claims Court Clerk inwriting. The clerk will mark the case settled, and neither side willhave to go to Court.If you agree to settle, but the defendant has not paid you in full bythe trial date, or you need more time to finish your agreement, goto Court on your trial date. Ask for a postponement so you canfinish your agreement and get your claim paid. (This is called anAdjournment Pending Settlement.) The Court will give you a newtrial date. If the claim is still not settled by the new trial date, go tocourt on the new date.12

What do I do on the day of my trial?You should: Get to the courthouse at least 30 minutes early. (It takestime to go through security and find your courtroom.) Find your Small Claims Courtroom, then look for the SmallClaims Court calendar. The calendar is a list of the day’scases. It is usually posted outside the courtroom. Look for your last name and the defendant’s last name onthe calendar. If your case

What is Small Claims Court? Small Claims Court is a special section of a court where you can sue for up to 5000. In NYC you can sue for up to 10000. You can only sue for money. You cannot sue to make someone do something or for pain and suffering. Small Claims Court: Is inexpensive and easy to use, You do not have to have a lawyer,

Related Documents:

What is 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, You do not have to have a lawyer,

All small claims up to 100.00 All small claims from 101.00 up to 500.00 Additional filing fee for each defendant over five Issuing a summons (each summons) Cross-claims, counter-claims, third-party claims if relief sought is over 2,500 Attorney appearing pro hac vice Bond approval Foreclosure sale

A simplified procedure for small claims was first enacted in Manitoba in 1972.1 This procedure has evolved over time to the process in place today. The Court of Queen's Bench Small Claims Practices Act2 (Small Claims Practices Act ) and the Queen's Bench Rules3 establish the procedure for small claims in Manitoba.

2 In the year to February 2021 small claims make up 77.8 % of the total number of final hearings in the civil courts. 3 Prior to April 2013 the limit for small claims was 5,000. 4 Rule 26.7(4) provides that the court will not allocate to the small claims track certain claims in respect of harassment or unlawful eviction).

The limitfor small claims cases is 5,000.00. If your claim is for more than that, but you decide only to ask for 5,000, you can still use the small claims court. However, if you do that you cannot later file another case (either in small claims or in the Civil Division) to collect the other part of the claim.

3. Take originals and copies to small claims clerk at the correct courthouse (see pages 4-5 if you are unsure which courthouse), and pay fee ( 30 for claims for 1,500 or less; 50 for claims for 1,501- 5,000; 75 for claims for 5,001- 10,000). You can file online in some counties for an extra fee.

Small Claims Plaintiff or Defendant: This small claims brochure is designed to help you work within the small claims court system. It is an informational guide and not a substitute for legal advice. The small claims division of the Shaker Heights Municipal Court hears an average of 1,150 cases per year.

Annual Thanksgiving Service at St Mark’s Church St Mark’s Rise, Dalston E8 on Sunday 19 September 2004 at 4 pm . 2 . Order of Service Processional hymn — all stand All things bright and beautiful, All creatures great and small, All things wise and wonderful: The Lord God made them all. Each little flower that opens, Each little bird that sings, He made their glowing colors, He made their .