You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
If one or more of the parties is difficult to locate, it can prolong initiation of litigation. The court system itself can also impact the timeline of a civil litigation lawsuit. Generally speaking, prior to the pandemic a litigated file could take 9-12 months minimum on average to resolve.
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.
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.
To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim.
To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.
Collect evidence proving your position Both sides need to get evidence to prove their side. This could be the contract itself or proof of a verbal agreement, receipts or bills showing expenses, letters, emails, other written communication, pictures, and witness statements.
An actual breach occurs when a party fails or refuses to fulfill an obligation when it's due or as per the method stipulated in the contract. An employee backing out after accepting a job offer or a company only providing half the quantity of agreed-upon product are examples of actual contract breaches.
Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesn't do what the contract says they must do, the other party can sue.
Every contract for services shall provide that such contract may be cancelled within three business days after the date of receipt by the buyer of a copy of the written contract. Notice of cancellation shall be delivered by certified or registered United States mail at the address specified in the contract.