New York Instructions for Filing a Small Claims/Commercial Claims Action

• Category: New York Statewide - General
• State: New York
• Control #: NY-CIV-SC-66
• Format: PDF

Description

Instructions for Filing a Small Claims/Commercial Claims Action 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 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.