New York Small Claims Forms - Small Claims Court

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

Top Questions about Nyc Small Claims Court

  • How do I file a small claims case against someone out of state?

    Filing a small claims case against someone out of state involves several steps. First, you need to check if your case falls under the jurisdiction of New York small claims law. Then, you can use the New York Small Claims Forms to prepare your documentation. Finally, consider using a platform like US Legal Forms to access necessary forms and receive guidance on filing, which can simplify the process significantly.

  • Is small claims court even worth it?

    Small Claims Court can be an effective way to resolve disputes without incurring the costs associated with regular court proceedings. The process is designed to be user-friendly, making it accessible even for those unfamiliar with the legal system. By using New York Small Claims Forms from our platform, you can ensure that your filing is complete and position yourself well in front of the judge.

  • What's the smallest amount you can sue for?

    In New York, the smallest amount you can sue for in Small Claims Court is $1, but it is crucial to consider whether the claim justifies the effort involved. Filing for a minuscule amount rarely seems practical. Ensure you use New York Small Claims Forms to guide you through appropriate claims to make that are often worth your time.

  • Is it worth suing someone for 500 dollars?

    Suing someone for $500 can be worthwhile if the situation warrants it. Consider the time, effort, and costs associated with filing a case when deciding. Using our platform to access New York Small Claims Forms can simplify the submission process, making it easier to recover smaller amounts.

  • What percentage of people win in small claims court?

    Statistics indicate that individuals win their cases in Small Claims Court approximately 70% of the time. Successful outcomes often depend on preparation and presenting adequate evidence. By utilizing our New York Small Claims Forms, you can properly compile and present the necessary documentation to maximize your chances of winning.

  • What can you not sue for in Small Claims Court?

    In Small Claims Court, you cannot sue for most cases involving defamation, personal injury claims, or claims that are based on contracts that exceed the jurisdiction limit. Additionally, issues like divorce or child custody are also off-limits. To navigate these restrictions effectively, you can refer to the New York Small Claims Forms available on our platform to find suitable guidance.

  • What is the lowest amount for small claims court?

    In New York, the lowest amount you can sue for in Small Claims Court is $1. However, keep in mind that filing fees and the time involved may make it impractical to pursue very small claims. Make sure to gather your New York Small Claims Forms when you decide to file to streamline the process and ensure everything is complete.

  • What if the defendant doesn't show up in small claims court in NY?

    In New York, if the defendant does not show up in small claims court, you may receive a judgment in your favor. You can present your case, and the absence of the defendant works in your favor. Using New York Small Claims Forms is vital as it helps you establish a formal claim process. This preparation is key to getting your desired outcome.

  • What if you sue someone and they don't show up?

    If you sue someone and they fail to show up, you can ask the court for a default judgment. This means the court could grant your request for the amount you are claiming without a dispute from the other party. Completing New York Small Claims Forms accurately strengthens your claim and prepares you for a successful ruling. It’s beneficial to have all paperwork in order.

  • What happens if someone never shows up in court?

    If someone never shows up in court, the judge may issue a default judgment for the party present. This allows the appearing party to potentially receive the awarded amount without any rebuttal. Using New York Small Claims Forms correctly is essential in this process. The forms ensure that you meet legal requirements, making your case strong.