What Should Be in My Complaint? Name of the judge, court commissioner or referee. Court in which the judicial officer serves. Case type, name, and number, if the conduct involves a case, and your relationship to the case. Date or dates on which the conduct occurred.
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.
A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.
For assistance you may call (631) 853-4600 Monday through Friday, from 9am to 4 pm. Note: To initiate a complaint, you must complete and sign the complaint form and then send it back to us with the required documentation.
On Long Island, there are also dozens of town and village courts that handle small claims; use the New York court's website to locate a specific town or village court. Remember, the small claims limits in town and village courts is $3,000. While in district and city courts the small claims limit is $5,000.
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.
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.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.