New York Application To File Small Claims is a form used by individuals who want to file a claim in New York State court for up to $5,000. The form is used to initiate the legal process of filing a small claims case in the New York State court system. The form is available online from the New York State Unified Court System website, or can be obtained from the clerk's office of the court where the case is being filed. The form requires information such as the parties involved, the amount of the claim, and the legal basis for the claim. There are two types of New York Application To File Small Claims: 1) Original Claim and 2) Counterclaim. The original claim initiates a case, while the counterclaim is used to respond to a claim that has already been filed. Both forms are available in both English and Spanish.
New York Application To File Small Claims
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FAQ
Time Limits The statute of limitations in New York for contract disputes is six years. The statute of limitations for personal injury and property damage is three years.
Call your local court for information about filing a claim. Direct any other questions to the New York State Unified Court System at (800) 268-7869.
WHAT HAPPENS IF I AM THE DEFENDANT AND I DO NOT SHOW UP FOR COURT? If you do not show up for the trial, the Plaintiff can ask for a default judgment against you as above. You will have missed your chance to tell your side of the claim to the judge.
To file a claim you must fill out forms and provide the correct business name, legal name, and business address. To find the business legal name, a County Clerk's office can help you. You will have to pay a maximum $20.00 filing fee, depending on the amount of the claim, or where you live.
Court Fees in the New York City Civil Court ServiceAmountStatutory AuthorityIssue a summons, etc.$45.00NYCCCA 1911(a)Filing a Consumer Credit Transaction$140.00NYCCCA 1911(b-1)Filing first paper, etc.$45.00NYCCCA 1911(b)Filing infant's compromise$40.00NYCCCA 1911(c)18 more rows ?
You will have to pay the court fee to file your claim. If your claim is for an amount up to and including $1,000.00, there is a fee of $15.00. If your claim is for an amount over $1,000.00 and up to $10,000.00, there is a fee of $20.00.
Small Claims offices are open a.m. - p. m., M, T, W and F, a.m. - p.m., on every other Thursday when evening court is scheduled. Evening Small Claims courtroom hours are p.m. until p.m., (every other Thursday only).
Small Claims Court is a special part of the court where you can sue for money without a lawyer. You cannot sue to make someone do something or for pain and suffering. Anyone 18 years of age or older can sue in Small Claims Court. If you are less than 18 years old, your parent or guardian may sue on your behalf.