New York Small Claims Forms - Small Claims Court Forms Ny

New York Small Claims Court FAQ Nyc Small Claims Court Form

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

What Is a Small Claims Court?

A small claims court is a special kind of court where people can resolve disputes involving small amounts of money, typically up to a certain limit set by the state. In New York, the small claims court is a place where individuals can bring their cases to seek a fair resolution for disagreements, such as unpaid bills, property damage, or security deposit disputes. It provides an accessible and inexpensive way for people to resolve their disputes without the need for a lawyer. People can represent themselves in small claims court and present their evidence and arguments in a simplified manner. The court's decision is usually quick, and the goal is to reach a fair outcome that satisfies all parties involved.


Why File a Small Claims Case?

Filing a small claims case can be a useful way to resolve disputes and seek justice when the amount of money involved is relatively small. It is generally a straightforward and inexpensive process, making it accessible to everyday people who may not have the resources for a costly legal battle. In New York, filing a small claims case offers individuals an opportunity to address various issues, such as unpaid debts, breaches of contract, property damage, or personal injury, without the need for hiring an attorney. It allows New Yorkers to have their grievances heard in a local court, ensuring a fair resolution and saving them time and money.


Small Claims Court Limits for Each State

Small claims court is a legal avenue that allows individuals to resolve disputes involving relatively small amounts of money, without the need for hiring expensive lawyers. Each state has its own set of limits for small claims, which determine the maximum dollar amount that can be sought in these courts. For example, in New York, the limit for small claims court is $5,000. This means that if someone wants to pursue a claim against another person or business in New York, they can only seek up to $5,000 in damages. These limits exist to ensure that small claims courts are accessible and efficient for resolving minor disputes.


Small Claims Demand Letter Example

A small claims demand letter is a written document sent by a person in New York to ask someone to pay for damages or debts of a relatively small amount of money. For example, let's say you lent $500 to your friend to fix their car six months ago, and they still haven't paid you back. You can write a small claims demand letter to politely tell your friend that you want your money back. It's important to use clear and simple language in this letter, explaining why you're owed the money and giving a reasonable deadline for payment.


Filing a Small Claims Case in 5 Steps

Filing a small claims case in New York can be done in 5 simple steps. First, gather all the necessary information and documents related to your case, such as receipts, contracts, and any other evidence. Second, research the proper jurisdiction to file your case, as it needs to be within the right court's jurisdiction. Third, fill out the required forms, including a small claims complaint form and an affidavit form if necessary, ensuring you provide accurate details. Fourth, file the forms with the appropriate court, paying any required filing fees. Finally, serve the defendant with a copy of the filed documents, following the proper service methods outlined by the court.