CARBONE
& CARBONE LLP
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What to DO when you want to SUE Often people will enter into an agreement or
business transaction and things just don’t work out. In the end,
one or both parties may feel entitled to some sort of retribution,
which usually comes down to money. When you feel a person, entity or business owes
you money, the first place to consider filing a cause of action is
in Small Claims Court. A lot of people may have heard of Small
Claims Court and more than likely have seen it play out to some
degree on TV (Judge Judy, People’s Court, etc.) but what exactly
is Small Claims Court? Small Claims Court is an informal court where
people can sue for MONEY ONLY, up to $3,000 in Town or Village
Courts, and $5,000 in City Courts. An individual may appear in Small
Claims Court without an attorney if they so choose. If you are the one filing the cause of action
(the plaintiff) the claim must be brought within the town, village
or city in which the person/entity/business you are suing resides or
has an office. To be eligible to sue in Small Claims Court, a
person must be 18 years of age or over. If you are younger, a parent
or guardian may sue on your behalf. If you are a member of a corporation,
partnership, or association, you may sue on behalf of the
corporation but you may only do so in Commercial Claims Court.
Commercial Claims Court is a lot like Small Claims Court, but the
corporation, partnership, etc. must file suit in a City Court within
the county of residence and or business of the person in which they
wish to sue. The corporation, partnership, etc. also must be
represented by an attorney. To start Small Claims action is pretty simple.
Just call the court and request the appropriate form. Most court
clerks are very helpful in guiding you along. In Town or Village
Court, if your claim is for $1,000 or less, the filing fee is $10.
If over $1,000, the filing fee is $15. In City Court, the filing fee
is $15 for $1,000 or less and $20 for claims over $1,000. The form to start a Small Claims action is
typically pretty short. Your statement for cause of action should be
brief and to the point. It should include a description of the
incident that is at the heart of your claim, including all relevant
names and dates. Once you file this form with the clerk, a date
and time will be provided. The clerk will then serve the notice of
claim by mailing it to the defendant my both first-class mail and by
certified mail. If the notice sent by first-class mail is not
returned to the post office within 21 days as undeliverable, the
defendant is deemed served, even if the notice sent by certified
mail has not been delivered. Once the defendant is deemed served, the
parties come to court on the given date and plead their case. As you
can imagine, a lot can happen once the parties go before the judge.
It is the judge alone who will decide the outcome of the case. With
a Small Claims action, there is no jury. Stay tuned for part 2 of this blog, which will discuss trial preparation, strategies, counterclaims, adjournments, and collection of judgment.
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www.carbonelawgroup.com |
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Capital
Region: 518-283-1245 ~
Adirondacks: 518-668-3711 ~ Fax: 518-326-0366
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