This example provided by one of our readers is from New York and is indicative of the process in every state…
Who Can be Sued in Small Claims?
- The defendant may be any individual, partnership, or corporation
- The defendant must either: reside in Monroe County; or have an office to transact business in Monroe County; or have a regular place of employment in Monroe County
Who Can Sue in Small Claims?
- Any individual, regardless of where they reside
- Any corporation, partnership, or association, which has its principal office in New York State may sue in Commercial Small Claims
- Claimant give up right to jury trial
What Can You Sue for in Small Claims?
- Actions for money only
- Up to $3,000, exclusive of interest and costs
When is Small Claims Court in Session?
- Every Tuesday and Thursday (Except for Court Holidays)
- Mornings beginning at 9:30 a.m. Afternoons beginning at 1:30 p.m.
What is the Cost of Commencing an Action in Small Claims?
(Fees after 7/14/03)
- File a small claim: $15 for claims up to $1000 and $20 over $1000
- File a counterclaim to a small claim: $ 5
- File a commercial claim: $25
- File a commercial claim in a consumer credit transaction: $25
- File a counterclaim to a commercial claim: $ 5
Tips on Handling Your Case
- Be prepared – Go over your prospective testimony before coming to court.
- Make notes of all the important facts you want the judge to know.
- Anticipate what your adversary’s testimony will be and prepare questions for cross-examination.
- Have all your witnesses with you.
- Obtain two estimates for cases involving damage to property.
- Don’t be long winded – get to the point.
- Don’t argue with your adversary during the trail.
- Be prepared to negotiate a settlement of your case.
- Think twice about suing someone “on principle.”
Note: The article above may not contain up-to-date information.
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