how to sue in ny/nj civil court without a lawyer

To start a lawsuit without a lawyer, you may need to file a verified complaint, along with the specified filing fee. It is the same first step that a lawyer may take in commencing a lawsuit. This step is immediately followed by the filing of a civil summons form.

Full Answer

How do I sue in the NYS Court of claims?

To sue in the Court of Claims, one must first prepare a "claim," file it with the court clerk, and serve a copy on the NYS Attorney General personally or by certified mail return receipt requested. A $50 fee is required when filing a Claim. The Claim is deemed filed when it is actually received by the Chief Clerk in Albany.

Can you sue someone in court without a lawyer?

and sue someone in court, without a lawyer. Whether it is a tiff with your neighbor, you want to sue the city for infringing on your rights, enforce a business contract, or defend yourself on criminal charges… You have a right to represent yourself in court, WITHOUT A LAWYER!!!

Do I need a lawyer in New Jersey for a lawsuit?

The NJ State Bar Association has a list of NJ list of county referral services that might be helpful. Corporations, limited liability corporations and limited partnerships must be represented by an attorney if the lawsuit is more than $3000. Do not ignore the summons.

How do I file a civil case in New Jersey?

The NJ State Bar Association also maintains a list of county referral services that might be helpful. Note: You must be 18 to file a court case. If you are under 18, your parent or guardian must filed the case for you. Complete the Special Civil Part complaint (Form A in the Kit).

How do I file a civil suit in NY?

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 do I file a civil lawsuit in NJ?

STEP 1: Fill out the Complaint (Form A). A judge will decide your case unless you request to have a jury hear it. Sign and date all sections except the demand for a jury. Complete that section only if you would like a jury to decide your case. STEP 2: Fill out the Civil Case Information Statement (CIS).

How much money does it cost in New Jersey to file a civil case against one person in New Jersey for an amount for over $3000?

The cost of filing in the Special Civil Part-Civil is $54.00 if you are filing a case against one defendant, plus $6.00 for each additional defendant.

What is the maximum amount you can sue for in civil court in NJ?

Note: If you believe you are entitled to more than $15,000, your case should be filed in the Law Division, Civil Part of the Superior Court. Even if you are suing for more than $15,000, you can still sue in Special Civil, but you give up your right to recover any amount over $15,000.

How long do you have to file a civil suit in NJ?

Defendants must file a written answer to the complaint within 35 days of the date shown on the summons. Each defendant must file a separate answer.

How long do you have to file a civil lawsuit in New Jersey?

You don't have an unlimited amount of time to file a claim. You'll have to bring it within the statute of limitations period for your particular case. For example, the New Jersey statute of limitations periods is six years for contracts and property damage cases, and two years for personal injury matters.

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.

What can you do legally if someone owes you money?

If someone owes you money and they refuse to pay you at the agreed time, you may take the matter to the Small Claims Court. If someone has bought goods such as furniture from you and they have failed to pay for it, you can take the matter to the Small Claims Court.

How do I sue someone in Small Claims Court in NY?

To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

How do I file a lawsuit against someone?

If you decide to go to court, follow these steps:Figure Out How to Name the Defendant.Ask for Payment.Find the Right Court to File Your Claim.Fill Out Your Court Forms.File Your Claim.Serve Your Claim.Go to Court.

How much can you sue for in Small Claims Court in New Jersey?

$3,000Small Claims handles cases in which someone wants to sue for not more than $3,000 or $5,000 if the lawsuit is based upon the return of a tenant's security deposit.

What is a small claims court?

The first thing to know about small claims courts is that they are courts where parties can resolve some types of civil disputes at low cost. Procedures vary from one jurisdiction to another, as do the types of cases allowed, but they all have certain general characteristics:

What is the term for a subpoena that has to be written and served?

There may also be subpoenas that have to be written and served, and in-person interrogations, called depositions, to be scheduled where either party prepares a set of questions, or interrogatories, that the other side must answer. Each of these stages has its own deadlines and rules.

Can you attend a hearing by a scheduled judge?

If you can attend hearings by your scheduled judge, all the better. Judicial styles vary considerably. Television shows are not dependable behavioral guides; most judges get cranky when a pro se plaintiff acts like a lawyer on television.

Can opposing parties overlook a pro se lawsuit?

Opposing parties often pounce on technical violations committed by pro se plaintiffs to get the case thrown out. Neither opposing parties nor the court will overlook violations of the many deadlines and procedural requirements that occur in the course of a superior court lawsuit.

What to do after filing a lawsuit?

After you've filed your lawsuit, you have to notify the other side about it using a legal process server before the court will hear the case. You may use the U.S. marshal to serve your federal lawsuit, or you can use a private process serving company. You also may be able to use certified mail.

How much does it cost to file a lawsuit in federal court?

You'll have to scan in your signed documents and send them to the email address provided in your pro se manual. You'll have to pay a filing fee of $400 to initiate your lawsuit in federal court.

What do you do if you have papers served on your own?

However, if you have the papers served on your own, you must file a document letting the court know the lawsuit was served on the other party. Score. 0 / 3.

What happens if you don't show up for court?

Many jurisdictions simply assign you a trial date when you file a small claim, so if you don't show up on that date, you lose your case. Some jurisdictions add a "first appearance" date that you don't need to show up for, only the person you're suing does.

How to have a trial in small claims?

In small claims cases, the clerk may arrange service for you through the sheriff's department for a small fee. The sheriff's department then files the proof of service the court needs to ensure the trial is fair.

What are some examples of family courts?

For example, probate courts deal with wills, trusts, and estate matters. Family courts deal with family law issues such as divorce and child custody.

Can a lawsuit be heard without a lawyer?

Only a few specific courts will hear claims without a lawyer present. Nope! If you decide to go through with the lawsuit, make sure the court you present your case to is the best one for your issue- the subject matter is more important than your self-representation.

How much does a small claims court case cost?

Typically, small claims courts hear cases with damages under $2000 and up to $5000. However, some states do allow for claims ...

When did the right to represent yourself in court begin?

In fact, George Washington himself signed “The Judiciary Act of 1789” into law in September 24, 1789. Section 35 of the Judiciary Act of 1789, 1 Stat. 73, 92, declares that: “in all the courts of the United States, the parties may plead ...

How long did the 1860s case last?

One case in the 1860’s went on for 60 years! And representing yourself may make the case drag on longer…. If you truly can not afford a lawyer, but you are certain that you were wronged. Then suing someone yourself may be the only way.

What rights do you have to file a motion?

You have a right: To file motions, admit evidence, order the collection of property or money, subpoena witnesses, and sue someone in court, without a lawyer. Whether it is a tiff with your neighbor, you want to sue the city for infringing on your rights, enforce a business contract, or defend yourself on criminal charges….

Can you sue someone without a lawyer?

However, can you sue someone in court, without a lawyer? Well, we have good news for you! Yes, you can.

What happens if a defendant does not file a complaint in New Jersey?

After the complaint is served and an answer is filed, the discovery period begins. The time for discovery depends on what track the case is assigned. During the discovery period, the parties exchange information about the case.

How much can a small claims suit be?

Small claims law suits can not be greater than $15,000. Amounts larger than that are filed in the Law Division of the New Jersey Superior Court. A civil suit begins with the filing of a complaint and civil case information statement (CIS) with the appropriate filing fee.

What is the law in New Jersey?

Law suits filed in New Jersey state courts must have some connection to the state of New Jersey for jurisdiction; you must be suing a party which has contact with , or business in the state of New Jersey. Lawsuits filed which involve federal laws, or against agencies of the federal government are normally dealt with in the US District Court ...

How many tracks are there in a New Jersey case?

A case is assigned to one of four tracks depending on the type of case and the length of time it should take to complete discovery. (When working with the New Jersey courts, you will be exposed to a lot of abbreviations. Feel free to ask questions, if you need to know what a court person is talking about.)

How long does it take to appeal a final judgment?

If a party wishes to appeal the final decision, a notice of appeal must be filed in the Appellate Division within 45 days after the entry of the final judgment.

What to do when you have a lawyer?

Only a lawyer can give you legal advice. • Tell you whether or not you should bring your case to court. Talk to a lawyer about the merits of your case and where to file. • Tell you what will happen if you bring your case to court. Talk to a lawyer about whether you can win your case. • Recommend a lawyer.

Do you need an attorney to sue someone in New Jersey?

You do not need an attorney to sue someone in New Jersey. For lawsuits over small amounts of money it may cost more to hire an Attorney than you would recoup in court.

How to file a lawsuit without a lawyer?

How Do I Start a Lawsuit Without a Lawyer? To start a lawsuit without a lawyer, you may need to file a verified complaint, along with the specified filing fee. It is the same first step that a lawyer may take in commencing a lawsuit. This step is immediately followed by the filing of a civil summons form.

Do you have to follow a specific procedure when serving papers?

You may be legally required to follow specific procedures in this process, depending on the types of papers you are serving. In some cases, the court may direct you with a specific method of service, with which you must comply.

Can you sue someone for negligence?

If you have suffered a personal injury due to another party’s negligence, you may be able to file a lawsuit aimed at getting the at-fault party to cover your damages. Be forewarned that a successful lawsuit may hinge on the proper handling of many different moving parts. Missing an important piece in your case may mean a negative outcome for your lawsuit, as simply missing a deadline could end in the dismissal of your case.

Can you serve a defendant personally?

As the plaintiff, you may not be permitted to serve the defendant personally, but you may hire a professional process server to handle the matter, or you may ask another party who is not involved in your action to serve the papers provided they are over the age of 18 years old.

Can a plaintiff ask a court clerk to issue a summons?

Typically, plaintiffs who represent themselves may ask the court clerk to issue their summons. Next, you may pay a filing fee, and then you will need to make the arrangements to have your civil summons and the verified complaint served on the defendant in your case.

How long does it take to file a claim against a state?

Most claims against the State (in the Court of Claims) or against a local government (in State Supreme Court) require that certain actions be taken within a very short period of time, usually 90 days.

How long does it take to file a wrongful death claim?

Personal injury and property damage claims require a claim within 90 days. For wrongful death claims, the 90 days runs from appointment of an executor or administrator but within two years of death. Breach of contract and certain other grounds have a six month time limit.

Does the Court of Claims govern actions against correctional facilities?

The Court of Claims does not govern actions against correctional facilities, county jails, or claims dealing with negligently maintaining town or county roads. If the defendant is the New York State Thruway Authority, the City University of New York, or the New York State Power Authority, the particular defendant must be served in addition to ...

Does the court have jurisdiction over individuals?

The court does not have jurisdiction over individuals, even if they are employed by the State. If a state agency is at fault, the suit should not be against the particular agency, but, rather, against the State of New York.

Can a public authority be sued in its own name?

There are certain public authorities that are deemed to have a distinct legal existence separate and apart from the State, such that they are sued in their own names. Some of these public authorities are not sued in the Court of Claims, but in State Supreme Court, under the procedures set forth in the Public Authorities Law or in ...

Can you file a late claim if you are not timely filed?

If a claim is not timely filed, one can, under certain circumstances, make a motion for permission to file a late claim . And if one tiely filed a Notice of Intention but fails to follow through with actually serving or filing a claim, one can make a motion to treat the Notice of Intention as a claim.

What are Small Claims Suits?

Small Claims Suits are lawsuits filed through Small Claims Court — a special division of the judicial system that intends to help parties who do not have personal attorneys resolve disputes quickly, in a budget-friendly manner.

When Can You Sue a Company?

Breaking an Agreement. If you had a written or oral contract with a company, you can sue for violation of that contract.

How to Prepare For a Lawsuit?

Although suing a company applies to a wide spectrum of cases, it is important to consider three details that directly relate to your specific case before proceeding with an independent suit.

What are the Steps to Follow?

File a Verified Complaint. Draft a document explaining your claim, cause of action, and purpose to the company you are suing.

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What happens if you don't file an answer in court?

If the defendant files an answer, the court will send you a notice with a date to appear in court. If the defendant does not file an answer, you might be entitled to a default judgment Contact the court if you cannot come to court on your assigned date . Your case might be dismissed if you do not come to court.

What happens if the plaintiff does not appear in court?

If the plaintiff does not appear, the judge could dismiss the case. If the defendant does not appear, the judge could enter a default judgment and the defendant might have to pay all or part of the money claimed in the lawsuit. Appealing a Special Civil Case. Either party can appeal a decision in Special Civil court.

What happens if you don't answer a court summons?

You are the defendant in a lawsuit. You must file an answer with the court. If you do not file an answer, a money judgment might be entered against you. You will receive a summons from the court with the date and time to come to the courthouse.

What happens if a debtor does not object to a wage execution?

If the debtor does not object or the court does not allow the objection, the court will order a wage execution to be delivered to the debtor's employer by the special civil part officer. The employer will hold back a portion of the debtor's wages and will send this money directly to the officer.

How long does it take to get a fee waiver in Superior Court?

If your application is denied in Superior Court, you then have 20 days to apply for a fee waiver in the Appellate Division.

How long does it take to answer a complaint in court?

How to file an answer in the Special Civil Part. Defendants must file a written answer to the complaint within 35 days of the date shown on the summons. Each defendant must file a separate answer.

How old do you have to be to file a civil case?

Note: You must be 18 to file a court case. If you are under 18 , your parent or guardian must filed the case for you. Complete the Special Civil Part complaint (Form A in the Kit). Complete the top part only of Special Civil Part Summons (Form B in the Kit).

Drafting The Complaint

• You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available onlineand at the Pro Se Intake Unit. You may also write your own complaint without using a court form. All complaints must be in English on 8-1/...

See more on nysd.uscourts.gov

Filing and Serving The Complaint

Keeping Your Address Updated