Last week, we published a blog in which we aimed to answer whether “one can terminated for leaving work early” as a way of responding to questions that have come up on several occasions during interactions with our clients. Feel free to view our video posted on the channel and/or read our blog accessible at https://milettilaw.com/real-time-qa-video-1-terminated-for-leaving-work-early/. In this regard, this blog is a continuation of a series of discussions based on real-time question-and-answer videos published on our YouTube channel, accessible through https://www.youtube.com/@MilettiLaw/videos. Specifically, we have responded to a question concerning filing in New York. As usual, let us have a scenario as described by one of our clients.
Apparently, the client is based in Florida and plans to sue a company in New York. The client thinks about hiring a third-party company to handle all the filing so that, if the matter proceeds to court, they will have to go to New York just once. In their inquiry, the client has found a company requiring a $150 flat rate for everything. So, the client would like to hear our thoughts regarding this.
Generally speaking, litigation is a process that moves in stages, with each requiring filing of some sort. While the client did not clarify the s of filing in question, and we are unsure what filing requires a $150 fee, it is crucial to understand several things first.
Firstly, while filing fees are outlined in the Civil Practice Law and Rules (CPLR), there are no filing fees in Family Court or Criminal Cases. Secondly, you can commence the filing process with a court clerk, depending on where you wish to have your hearing held. However, filing fees vary with courts. For instance, filing of first paper in New York City Court or District Court (NYC Civil) costs $140, while filing for the same in Village Courts or Town Courts costs $20.
Technically, filing starts with delivering the summons with notice, summons and petition or complaint to the County Clerk, which should accompany a filing fee. Notably, there are varying fees for notice of trial, demand for jury trial, and notice of appeal in these courts. Furthermore, filing costs also vary with the amount of the claim in question.
In short, if one is looking to file a lawsuit, they have to be aware of the filing fees and should probably seek the services of a seasoned local attorney who would guide them through the process and make it seamless, especially when the client is concerned about traveling expenses as in our scenario above.
Clients should also avoid being “penny wise and dollar foolish” if they really believe they have been aggrieved, need an attorney to represent them, and have a case against defendants. One of the safest ways is to get yourself an attorney, particularly if you are a business. Still, you need an attorney to guide you about the law under which you should file your lawsuit because of issues such as relief and remedies available and statute of limitations.
With that much, feel free to view our video accessible at https://www.youtube.com/watch?v=vcKsL1N1eZM and get it yourself directly from the horse’s mouth. Otherwise, in case you need further clarification regarding the information shared in the video and this blog post or require our services, we are just a call or email away!
As we continue dropping knowledge bombs every day, stay tuned for more educative videos, inspiring training, & legal advice. In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer, Author, & Publisher.