Sample Claim Statement With Case Laws In Nassau
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Witness statements must: Start with the name of the case and the claim number; State the full name and address of the witness; Set out the witness's evidence clearly in numbered paragraphs on numbered pages; End with this paragraph: 'I believe that the facts stated in this witness statement are true.
3. The defence and counterclaim should normally form one document, with the counterclaim following on from the defence, entitled 'defence & counterclaim' 4. The defence is followed by the counterclaim, which is exactly as particulars of claim based on the same cause of action would have been in terms of its content.
In Nassau and Suffolk counties the limit is $5000. In NYC you may counterclaim for up to $10000.
If you are making a witness statements it should: be written in your own words, in the first person. state facts within your personal knowledge, and if not. specify the source of the information or belief is not within your direct knowledge. not give opinions, unless you're an expert.
You can't prove a negative. It is up to the other side to report how and when the papers were delivered. And if the Judge decides that they were delivered ing to local law and practice, then you have a problem. Do you have to go to court if you know you have a court date but you haven't been served court papers?
A statement of claim is a document prepared by the plaintiff, that is, the person or company who is initiating the case in the court. A statement of claim usually accompanies a writ or could be otherwise needed during the course of a proceeding.
How to complete the defence form. The form contains some space for the defendant to explain the reasons for defending the claim. If the defence relies on complex legal arguments or detailed facts, the defendant should continue on a separate sheet containing the parties' names and the claim number.
The Notice of Claim must be served on the municipal government agency, by personal delivery, or registered or certified mail. The service must be made upon a person designated by law to receive summonses in Supreme Court actions or an attorney regularly engaged in representing such public corporations.
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.
