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.

See also…

Small claims court

Attorneys, Courts, Litigation