Writing a demand letter is important because it helps the sender outline their case, show they've made an attempt to resolve the issue outside of court, and in some situations, fulfill the necessary court requirement before filing a small claims case.
You may choose to file your own Family Court petition. To do so, go to the website listed below and choose the type of petition you want to file. Completed petitions must be filed with the General Clerk of the Family Court (631-853-4289).
Even an attorney can make a mis-step where his or her demand letter amounts to extortion, but a non-lawyer is more likely to make such a mis-step, and is why you should never write a Demand Letter but, instead, have an attorney do it for you.
Except for when a government agency is sued, there is almost always at least one year from the date of an event to start a case no matter what type of claim it is. You should have no statute of limitations worries if you file your case within this one-year period.
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.
MOTIONS/ORDERS TO SHOW CAUSE The Notice of Motion, affirmations, affidavits and exhibits must be filed as SEPARATE documents. A proposed Order To Show Cause is filed in the same manner as a Notice of Motion using document type ORDER TO SHOW CAUSE (PROPOSED) in place of the Notice of Motion.
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.