New York Instructions for Filing a Small Claims/Commercial Claims Action involve filing a claim in the appropriate court to begin the legal process of settling a dispute. A small claims action is generally used for disputes involving amounts of $5,000 or less, while a commercial claims action is for disputes over amounts greater than $5,000. The first step is to determine the appropriate court. Small claims actions are typically handled in the Civil Court of the City of New York or the Supreme Court of the State of New York. Commercial claims actions are typically handled in Nassau or Suffolk County Supreme Courts. The claimant must then prepare and file a complaint with the court. This document must include the name of the court, the date, and the name and contact information of the parties involved. The complaint must also include a description of the dispute and the damages sought. The claimant must also submit a filing fee and several copies of the complaint. Once the complaint has been filed, the court clerk will issue a court summons. The summons must be served upon the defendant. The defendant must then respond to the summons within a certain amount of time, typically twenty days. If the defendant fails to respond, the claimant may file a motion for a default judgment, which would award them the damages they sought in their complaint. If the defendant does respond, the parties may proceed to trial. The types of New York Instructions for Filing a Small Claims/Commercial Claims Action are Small Claims Action and Commercial Claims Action.
New York Instructions for Filing a Small Claims/Commercial Claims Action
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FAQ
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.
You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.
A commercial claim is an obligation to owe money which is incurred during the course of conducting a business which arises from goods sold or leased, services rendered, or monies loaned for use in conducting business.
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.
The Commercial Claims Court is an informal court where corporations, partnerships and associations can sue for money only, up to $5,000.00 without a lawyer. For example, if you feel that a person or business damaged something of yours, you may sue that person or business for the monetary amount of your damages.
WHAT IS A COMMERICAL CLAIMS? The Claimant must be a corporation, partnership, or association. A Certificate of Authority must be filed indicating the office/authority of the claimant to settle or participate in the trial on behalf of the business. NO COLLECTION AGENCIES!
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.
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.