As usual, with regard to our commitment to creating content, this blog post introduces you to our training video titled “New York Small Claims Court 101.” As the title suggests, the video serves as a hands-on guide to why and what small legal claims you may bring in New York’s Small Claims Court. An interesting aspect of this video is that it has been divided into subsections, including introduction, preface, what a Small Claims Court is, the informality aspects of small claims courts, who can bring claims in this court, cost, process, and conclusion, which makes it pretty easy to follow and understand.
Without further ado, let us boil down to it!
Preface
Many months after COVID-19, the U.S. economy is still on the road to recovery. People lost their jobs, businesses, sources of livelihood, incomes, and, most sadly, lives, loved ones, and breadwinners. As a result, the largest percentage of Americans saw their purchasing power plummet detrimentally. Unfortunately, just like in the rest of the country, New York City dwellers still need to bring legal claims before courts in the search for justice, but they no longer have the financial capabilities. However, there is a way out – filing in the Small Claims Court.
New York Small Claims Court
Generally speaking, a Small Claims Court is a distinct segment of the court where an individual can bring claims and sue for money without an attorney. Usually, it has its own standard base for running things.
Informality of the Small Claims Court
Generally, the court has done away with many of the formalities required by most fancy-pants lawyers, such as evidence and other stuff like establishing the factual basis, but that must be provided in other courts that handle huge claims. Additionally, unlike in other courts, where you have to go to the court 100 times in person, which becomes quite a nuisance, there is no electronic filing in this court. However, the highest percentage of these cases is never actually published.
Eligibility to Sue in the Small Claims Court
One must be at least 18 years old to bring a claim and sue in the Small Claims Court. However, one may have their guardian or parent sue on their behalf if they have not attained this age limit. Another notable thing is that this is not available to business owners; it is only available to persons suing in their individual capacities. One may find a Small Claims Court in the county where they reside or where they have suffered an injury or something. For instance, if you reside or have sustained an injury or something in Brooklyn, then you go to the Small Claims Court in downtown Brooklyn.
Cost
The Small Claims Court is affordable. While money orders and checks should be made payable to the Clerk of the Court, bringing claims of up to $1000 and claims over $2000 costs 15 bucks and 20 bucks in filing fees, respectively. Recently, the court increased limits and caps, which makes it even better. Additionally, things move fast in this court because, regardless of the issue at hand, rulings are generally issued within 3 months.
Process
Usually, you start by filing what is known as a statement of claim, which can be downloaded online and should be taken to the Clerk of the Court in person. It would help if you also carried a checkbook with you for the purposes of paying the filing fees. If you are an individual suing a business, for instance, the Clerk will assist you in making sure that you have all the right documents and correct information at hand, such as proper business name, address (email and/or postal), zip code, location, phone numbers. After that, the Clerk of the Court will be responsible for notifying the defendant by mailing notices using first-class mail. The statement of claim may be sent via email. If you would like to send anything, make sure to use certified mail and obtain a signature confirmation. Once all this has been done, you will get an index number and later a letter with a date when to report to the court.
With that, we hope we have enlightened you on why you should opt to sue in a Small Claims Court and what you should expect. In case you need assistance, we are just a stone’s throw away if you need our help! Accordingly, please feel free to watch our Video.
As we continue dropping knowledge bombs every day, stay tuned for more educational videos, inspiring training, & legal advice. In the meantime, if you have any questions or comments, please let us know on the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer & Author.