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New York Demand for Itemized Statement - Individual

Kings New York Demand for Itemized Statement - Individual

Category:

Liens - Construction - Mechanics

State:

New York

County:

Kings

Control #:

NY-07-09

Format:

Instant download

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Description

A property owner or contractor may issue a written demand using this form that the party who filed a notice of lien statement provide an itemized statement of labor and/or material provided, including the value or cost of said labor and materials. The lien holder is required to respond with an itemized statement within five (5) days, or the owner or contractor may petition the court to order such a statement to be produced. Failure to respond to the order of the court may result in the nullification of the lien.

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How to fill out New York Demand For Itemized Statement - Individual?

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FAQ

A demand for a bill of particulars in New York is a request for detailed information about the claims made in a lawsuit. This document helps clarify the specifics of the claim, including evidence and amounts owed. You can leverage the Kings New York Demand for Itemized Statement - Individual for creating a comprehensive understanding of your case, enhancing your chance of success.

Yes, you can take someone to Small Claims Court for as little as $100. Small Claims Court provides a straightforward avenue for resolving minor disputes, without the need for deep legal knowledge. Using the Kings New York Demand for Itemized Statement - Individual can help clarify your claim and ensure you come prepared.

The maximum amount you can sue for in Small Claims Court in NYC is $10,000. This cap is specifically designed to allow individuals to handle smaller disputes without the need for extensive legal counsel. If your claim falls within this limit, the Kings New York Demand for Itemized Statement - Individual can assist you in organizing your case smoothly.

Lien law 38 in New York pertains to the itemization of claims for property. This law requires a detailed demand statement when claiming amounts owed, such as unpaid rent or service fees. Utilizing the Kings New York Demand for Itemized Statement - Individual can help you adhere to these requirements and strengthen your position.

Tenants often have a fair chance of winning in Small Claims Court, provided they present their case clearly and with proper documentation. Success rates can vary, but many tenants successfully reclaim funds with the right evidence, such as the Kings New York Demand for Itemized Statement - Individual. This method helps you substantiate your claim effectively.

To sue for more than $10,000 in New York, you will need to file a case in either the Supreme Court or another appropriate court, depending on the specifics of your case. It's essential to document your claim appropriately, which may include using resources like the Kings New York Demand for Itemized Statement - Individual to itemize your expenses. Make sure to gather all supporting documents for your case.

In New York City, you can sue for up to $10,000 in Small Claims Court. This amount allows individuals to address disputes without needing extensive legal representation. If your claim exceeds this limit, you might consider the Kings New York Demand for Itemized Statement - Individual to clarify your damages and prepare for potential escalated actions.

When a company fails to attend small claims court, the court typically grants a default judgment to the plaintiff. This ruling affirms your claim and provides legal leverage for collection efforts. Using the Kings New York Demand for Itemized Statement - Individual can facilitate this process and ensure you have the documentation needed for a successful case.

If you sue someone and they do not appear in court, you may be granted a default judgment. This ruling confirms your claims, allowing you to proceed with enforcement options. The Kings New York Demand for Itemized Statement - Individual process can help streamline your case and ensure all required documents are correctly submitted.

When a defendant fails to attend Small Claims Court in New York, the judge may rule in favor of the plaintiff. This decision often leads to a default judgment, which means the plaintiff can pursue the amount claimed in their Kings New York Demand for Itemized Statement - Individual. It's crucial to prepare your case thoroughly to ensure a smooth process.

Interesting Questions

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Demand for Itemized Statement - Individual

Note: This summary is not intended to be an all inclusive discussion of New York's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

New York law permits "A contractor, subcontractor, laborer, materialman, landscape gardener, nurseryman or person or corporation selling fruit or ornamental trees, roses, shrubbery, vines and small fruits, who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of his agent, contractor or subcontractor, and any trust fund to which benefits and wage supplements are due or payable for the benefit of such laborers, to have a lien for the principal and interest, of the value, or the agreed price, of such labor, including benefits and wage supplements due or payable for the benefit of any laborer, or materials upon the real property improved or to be improved and upon such improvement, from the time of filing a notice of such lien..." N.Y. Lien Law Â§3.

How long does a party have to file a lien?

A notice of lien may be filed at anytime during the progress of the work and the furnishing of the materials, or, within eight months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished; provided, however, that where the improvement is related to real property improved or to be improved with a single family dwelling, the notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within four months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished. N.Y. Lien Law Â§10.

What kind of notice is required prior to filing a lien?

"Within five days before or thirty days after filing the notice of lien, the lienor shall serve a copy of such notice upon the owner, if a natural person, (a) by delivering the same to him personally, or if the owner cannot be found, to his agent or attorney, or (b) by leaving it at his last known place of residence in the city or town in which the real property or some part thereof is situated, with a person of suitable age and discretion, or (c) by registered or certified mail addressed to his last known place of residence, or (d) if such owner has no such residence in such city or town, or cannot be found, and he has no agent or attorney, by affixing a copy thereof conspicuously on such property, between the hours of nine o'clock in the forenoon and four o'clock in the afternoon; if the owner be a corporation, said service shall be made (i) by delivering such copy to and leaving the same with the president, vice-president, secretary or clerk to the corporation, the cashier, treasurer or a director or managing agent thereof, personally, within the state, or (ii) if such officer cannot be found within the state by affixing a copy thereof conspicuously on such property between the hours of nine o'clock in the forenoon and four o'clock in the afternoon, or (iii) by registered or certified mail addressed to its last known place of business. Failure to file proof of such a service with the county clerk within thirty-five days after the notice of lien is filed shall terminate the notice as a lien." N.Y. Lien Law Â§10.

How long is a lien good for?

"Any lien created under New York law shall be a lien for a period longer than one year after the notice of lien has been filed, unless within that time an action is commenced to foreclose the lien, ..." or the appropriate steps are taken to request that the court grant an extension. N.Y. Lien Law Â§17.

Are liens assignable?

Yes. New York statutes provide for the assignment of valid liens. The assignment must be in writing and acknowledged by the lien holder. N.Y. Lien Law Â§13.

Does this State require or provide for a notice from subcontractors and laborers to property owners?

Yes. A contractor working on a public improvement may issue a written demand that a state agency provide a notice of completion and acceptance. Also, a subcontractor or other party who furnishes labor and or materials for the improvement of property may issue a demand to the owner or contractor demanding that the owner or contractor provide a statement of the terms of the contract between the owner and the contractor.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Yes. Under New York law a property owner whose property has been the subject of a notice of lien may demand in writing that the lien claimant provide an itemized statement of the labor and/or materials provided and their value.

Does this State require a notice prior to starting work, or after work has been completed?

No. New York statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. New York statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. New York statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

By what method does the law of this State permit the release of a lien?

A lien claimed under New York law may be discharged by the issuing of a certificate by the lien holder, filed in the court where the lien notice was filed, acknowledging the satisfaction and release of said lien. Otherwise, the lien will dissolve automatically within one year of filing if no legal action is taken to foreclose on said lien.

Does this State permit the use of a bond to release a lien?

Yes. New York law permits a party with an interest in the property in question to file a bond in the amount unpaid under the contract.