The Civil Court has monetary jurisdiction up to $50,000.00, including replevin when the value of the chattel does not exceed that amount.
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.
A losing party pays attorney fees only if the winner is specifically given the right to recover legal fees in a contract between the parties or through a state or federal law. Learn about preparing a defense in Disputing a Small Claims Court Case: Fight Back.
You do not need a lawyer to sue in Small Claims Court. But you may hire one, if you want. The other side may also hire a lawyer. The Court will not give you a lawyer.
Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.
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.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
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.
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.