A proper and timely notice of claim must be served upon the government and at least 30 days must elapse before a lawsuit can be instituted. The papers that initiate legal action in court must specifically recite the timely service of a notice of claim and the passage of the 30-day period.
It informs the insurer about your intention to file an insurance claim for an injury caused by their policyholder (the “insured”). This document is often the initial step in the process of pursuing a personal injury claim.
A Notice of Intention to File a Claim is an optional document that a potential claimant may serve upon the defendant to extend the time period to serve and file a claim.
A Notice of Intention to File a Claim is an optional document that a potential claimant may serve upon the defendant to extend the time period to serve and file a 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.
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 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.
If the defendant does not come to court, an inquest will likely be held and a decision made in favor of the Claimant (the person who filled the suit in Small Claims court). An inquest is a non-jury trial where you present proof of the amount of your damages.
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.
1) Who can be sued in the Court of Claims? The Court of Claims has jurisdiction over the State of New York as well as certain authorities that are sued under their own name.