How do I start my Small Claims or Commercial Small Claims case? You or someone else may start your case by filling out a Complaint Form (DC-283). The Complaint Form describes your claim to the Court. You may file by mail or you may file in person at one of the District Court courthouses.
Small Claims Court helps individuals or corporations resolve disputes when the amount of the claim is $10,000 or less. All defendants must have an address in New York City. Get Small Claims Court information, including locations and hours of operation. Learn about case types handled by Small Claims Court.
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.
Be clear and concise when presenting your case; don't go off on tangents, don't insult the other party, don't bring up information or events that aren't directly related to the matter at hand. Rehearse presenting your case before you get into court. Listen to everything the judge says and answer clearly.
How Long Are Judgments Valid in New York? Judgments are valid for 20 years and may be extended once for an additional period of 10 years. To extend a judgment for an extra ten (10) years, the Judgment Creditor must make written application to the court that issued the original judgment.
The two most common reasons the court will vacate a default judgment are for 1) excusable default, and 2) lack of personal jurisdiction (bad service). Excusable Default is the most common reason that a court will vacate a default judgment.