New York City Small Claims Court

New York City small claims court

The New York City Small Claims Court is a division of the Civil Court of New York City. It hears all actions for money damages, only, where the cause of action is a tort, contract, or other action where the claimant is seeking compensation that does not exceed $5,000. In the New York City Small Claims Court it is permitted to split claims so that a claimant will be within the jurisdictional amount; however, no corporation, partnership or association may sue in small claims court. For example, if the claim is for $6,500 then the claimant may file two claims; one for $1,500 and another for $5,500. Cases in New York City Small Claims Court are presided over by a volunteer arbitrator, with no jury. A party may retain the use of an attorney, even though it is not necessary.

In order to file a claim in the New York City Small Claims Court the claimant must complete a statement of claim form. This must be filed in the small claims court that has jurisdiction over the case. Jurisdictional requirements are met if the case is filed in the New York City Small Claims Court for the New York City county where the defendant resides, where the defendant may be found, where the contract was signed or performed, or where the cause of action accrued. The statement of the claim must include the names and addresses of both parties involved; the amount of damages the claimant is seeking; and an explanation of why the person owes the claimant money. The clerk’s office will charge a fee for filing a statement of claim. The fee is $15 for claims up to $1000; and $20 for damage amounts that exceed that number.

After the statement of the claim is processed it must be served upon the defendant. This is to give the defendant the knowledge of the claim against him, or her; where and when to appear in court; and an opportunity to respond to the claim. The Statement of Claim and Notice of Claim will be delivered by the clerk’s office by first class mail or certified mail with return receipt requested. The defendant then has 20 days after receiving the Notice of Claim in order to file an answer. If the defendant cannot be found then the claimant may pay an authorized process server to personally serve process upon the defendant. If you need legal advice and assistance, contact New York lawyers.