New York Small Claims Court Filing Procedures
- Small claims in New York can be filed quickly and easily.US Supreme Court image by dwight9592 from Fotolia.com
In New York State, citizens wishing to sue another individual or business may do so in small claims court. It's an accessible, low-key environment and individuals do not need to hire an attorney if they wish to save themselves legal fees. Businesses that want to sue another business or individual must instead file in Commercial Claims Court. - People over age 18 may file a complaint in small claims court in New York. In general, a claim should be filed in the defendant's county of residence. It is also acceptable to file in a defendant's county of employment. If the defendant is a business, a claim can be filed in a county in which business is conducted. New York allows for small claims of up to $5,000.
- Filers must pay a fee of $15 for a claim up to $1,000 and $20 for a claim up to $5,000. Fees are payable by cash, money order or certified check. When filing a claim with a clerk of the proper jurisdiction, an individual must provide a statement detailing the exact amount of the claim and the reason for filing. He will need to provide the correct name and address of the person or business he is suing. A claimant who lives outside the jurisdiction handling the case may mail the claim to the clerk, attaching the necessary details and payment.
- A hearing date will be given to the claimant after the necessary paperwork is completed. The clerk will send notice of the suit to the defendant by first-class and certified mail. If the notification is not returned as undeliverable within 21 days, the notice will be presumed delivered. If it is returned to sender, a new hearing date will be scheduled to allow additional time to locate the defendant's proper address.
- Before the court date, the claimant should prepare her case. Receipts, photographs, documents, agreements, communications and other pertinent materials should be gathered along with a timeline of important events related to the complaint.
Additionally, the process allows for the court to issue a subpoena of any necessary records or documents in the possession of the defending party. The two sides may also provide witnesses during the hearing. Material and expert witnesses and eyewitnesses are allowed.
Eligibility
Filing
Notification
Preparation
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