How does small claims court work in NY?
Small Claims Court is a special part of the court where you can sue for money without a lawyer. You cannot sue to make someone do something or for pain and suffering. Anyone 18 years of age or older can sue in Small Claims Court. If you are less than 18 years old, your parent or guardian may sue on your behalf.
What is the lowest amount for small claims court?
If You Are Suing: Small Claims or a Limited Civil? If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. If you are a business, you can file in small claims court for $5,000 or less.
What is small claims court?
The Small Claims Section of the Special Civil Part Court is where you can sue a person or business (the defendant) to collect a small amount of money that you believe is owed to you. You can sue for up to $5,000 in small claims court. What types of cases are handled in small claims court?
How do I take someone to Small Claims Court?
To take someone to Small Claims Court, you first have to notify them that they are being sued, which is called ‘serving a defendant.’ This gives them the legal notice that action is being taken against them. Usually, you’ll have to do this in person, which is the most secure and effective method.
When does a defendant have to appear in Small Claims Court?
A party must appear in court at the appointed day and time if he or she wants to be heard by the magistrate. In small claims court, a defendant may file a written answer to the plaintiff’s complaint but is not required to do so. A defendant may also file a counterclaim to raise a legal claim against the plaintiff.