how to fight small claims without lawyer nyc

To start your case, you, or someone on your behalf, must file, in person, a "Statement of Claim" form with the Small Claims Court. Visit the New York City Civil Court website for official forms. You may file a claim form by mail only if you live outside New York City and you want to sue a Defendant located in New York City, or if you are over 65 or you are disabled and cannot come to court in person. When completing the “Statement of Claim” form the Claimant must explain the reason for the lawsuit and include the amount in dispute.

Full Answer

Why choose Small Claims Court NYC law firm?

Small Claims Court NYC is a Well Reputed Law Firm in New York, the best in the city in fact, with the best small claims lawyers available, twenty-four hours a day. Our lawyers will help you in every way possible to make your case proceed smoothly.

How to file a small claim in New York State?

Process Your Small Claims Using The Fastest Online small Claims Court Filing Procedure. In New York, a monetary claim of any amount of money (or articles of equivalent value) below $5,000 as a corporation or a business firm, or below $10,000 as an individual, is legally termed as a small claim.

Who can sue in Small Claims Court?

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. Only an individual can sue in Small Claims Court.

Can I countersue the plaintiff for more than the small claims maximum?

If you wish to countersue the plaintiff for more money than the small claims maximum, you'll have to move for the case to be transferred to the appropriate formal court. Assuming your case stays in small claims court, both your claim and the plaintiff's will be heard together.

Do I need a lawyer for Small Claims Court New York?

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.

Do I need a lawyer for Small Claims Court?

You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.

How much does it cost to go to Small Claims Court in NYC?

You will have to pay the court fee to file your claim. If your claim is for an amount up to and including $1,000.00, there is a fee of $15.00. If your claim is for an amount over $1,000.00 and up to $10,000.00, there is a fee of $20.00.

How do I appeal a Small Claims Court decision in NY?

Within thirty (30) days from the date of the Small Claims decision, file (by mail or in person) a written Notice of Appeal with the Small Claims Court which heard and decided your case. A filing fee of $30.00 must be collected at the time you file your appeal.

Who pays fees in small claims court?

Fees are payable at two key stages. The first is the issue fee the court charges to start the claim. The second is the trial fee. If a defendant wishes to pursue a counterclaim, a fee will need to be paid by the defendant.

Can you recover costs in small claims court?

In the Small Claims Track, the costs that a losing party will pay to the victor have been restricted by the Civil Procedure Rules to minimise financial risk to parties. Generally therefore, the court will allow the successful party to recover limited costs such as court fees and witness expenses.

Is Small Claims Court open in NYC Covid?

Coronavirus (COVID-19) Alert New York State courts are open and offering limited in-person assistance for health and safety reasons.

How do I file a civil lawsuit in NY without a lawyer?

You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.

How much can you sue for in Small Claims Court in NYC?

Small Claims Court is a special court where you can sue for up to $5000. You can only sue for money. You cannot sue to make someone do something or for pain and suffering.

Can you appeal against a Small Claims Court decision?

You can appeal against a small claims decision only if there was some sort of irregularity in the proceedings, or you have reason to believe the court made an error in law, in which case your notice of appeal must be filed within 21 days.

How do you win a court appeal?

4 Proven Strategies to Win a Court AppealHire an Experienced Attorney. The first, and most important, thing you should do when faced with an unsuccessful court case is to contact the right attorney. ... Determine your Grounds for Appeal. ... Pay Attention to the Details. ... Understand the Possible Outcomes.

What happens if you lose an appeal?

If you win the appeal, your opponent could seek to appeal the appeal. If you win the appeal, the case might be sent back for a new trial leading to further expense. Losing the appeal may mean paying the other side's legal costs.

What is the maximum amount you can sue for in small claims court in New York?

The maximum you can sue for in New York small claims court has been raised to $10,000.00. It is important to understand that you cannot recover for pain and suffering, aggravation, and the like in small claims court.

What is a counterclaim in a lawsuit?

A counterclaim is when the defendant (person being sued) “retaliates” by filing his own suit against the plaintiff. The counterclaim can be either related to the main claim or unrelated.

Can a small claims court order pain and suffering?

The small claims court is not allowed to order compensation for pain and suffering, although they can order a defendant to pay medical bills which are not covered by insurance.

Can a contractor breach a contract in New York?

Contractors who do home repairs are subject to various laws and regulations, and must have a written contract and must be licensed through the City of New York in order to do the work and to keep moneys given to them for home repair services.

Is there a small claims court in New York City?

In New York City the small claims court is part of the civil court . During the covid emergency the small claims courthouses are closed to the public. It is possible to file small claims cases online using a website called Turbo court. They charge a small fee for their service. The forms required to file are very simple and straightforward.

What is a small claims court?

WHAT IS THE SMALL CLAIMS COURT? The Small Claims Court is an informal court where individuals can sue for money only, up to $5,000 without a lawyer.

How much money damages can a defendant make in a counterclaim?

This is known as a "counterclaim" and it can be made for up to $5,000 in money damages.

Do I need an attorney for small claims court?

If you choose, you may be represented by an attorney at your own expense, but it is not necessary to have an attorney since Small Claims Court is meant to be a "people's court" where claims may be tried speedily, informally, and inexpensively.

Can a defendant file a counterclaim?

The defendant reserves the right to file a counterclaim until the date of the hearing. The claimant may, but shall not be required to, request and obtain an adjournment of the hearing to a later date. The claimant may reply to the counterclaim but shall not be required to do so.

How to get into small claims court?

On the day of the hearing, try to arrive at least 30 minutes before the Small Claims Court session begins. Give yourself time to go through security and find your courtroom. Remember that even though Small Claims Court is somewhat informal, it is a serious place where people take an oath to tell the truth. You should dress neatly, and be respectful to the Judge or arbitrator, to the court personnel and to the opposing party.

How old do you have to be to file a small claims lawsuit?

Anyone, 18 years or older, can file a claim in Small Claims Court. A parent or guardian may sue on behalf of someone younger than 18. The person suing in Small Claim Court is called the Claimant and the person being sued is called the Defendant. Corporations, partnerships and associations cannot sue in Small Claims Court; they must use a different Civil Court division, called the Commercial Small Claims Part. However, a corporation, partnership or association can be a Defendant in a Small Claims Court action.

How long can a small claims court stay on a car?

If the claim you filed in Small Claims Court was based on the Judgment Debtor's ownership or operation of a car and if the judgment is $1,000 or more and has been unpaid for more than 15 days, the New York Department of Motor Vehicles may suspend the Judgment Debtor’s driver’s license and car registration until the Judgment is paid. For more information speak to the Small Claims Court Clerk.

Who has the burden of proving his or her claim?

The Claimant has the burden of proving his or her claim and any damages. The Claimant presents his or her case first. The Claimant takes an oath to tell the truth (called being sworn as