Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
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 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.
Can I sue for more than $5,000 in Small Claims Court? If your claim is for more than $5,000 in either Nassau or Suffolk county you must start a civil case. In NYC you may sue for up to $10,000 in Small Claims Court. You cannot split your claim into smaller claims to get around the limit.
How do I start my small claims case? 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 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.
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.
A summons with notice is a type of summons. The summons with notice is not served with the complaint. It contains all of the information described above for the summons, plus a brief description of the type of case and the relief the plaintiff is asking the court to grant.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.