How do I file a claim in small claims court?

If you need to file a claim in Small Claims Court in New York, you must prepare and submit the proper paperwork to the court as well as pay a filing fee. The filing fee varies depending on the county, but typically, it is between $15 and $50. The court clerk will provide you with the forms necessary to file your claim. These forms include the Complaint and Petition, a Summons, and an Affidavit of Service. You must fill out the Complaint and Petition form in detail. This form includes sections for identifying the parties involved in the case, a description of the claim, and the amount of money you are seeking as damages. You must also fill out a Summons form, which tells the defendant about the lawsuit and orders him or her to respond within a certain time period. Finally, the Affidavit of Service form will need to be completed and signed by a disinterested person who was present when you served the defendant with the court documents. After completing these forms, you must submit them to the appropriate Small Claims Court and include the filing fee. Once you have filed your claim, the court will schedule a hearing. At the hearing, both sides will present their case to the judge. Depending on the outcome, the judge may issue a judgment in favor of one side or the other, or the case may be dismissed.

Related FAQs

What is the process for collecting a judgment from the other party in small claims court?
What happens if I am unable to pay a small claims court judgment?
Are there any special rules or procedures I need to know when filing a claim in small claims court?
Are there any other remedies available to me for nonpayment of a small claims court judgment?
How do I file a motion to have a case heard in small claims court?
What happens if I cannot attend the small claims court hearing?
What is the court's decision-making process for small claims cases?
Is there a deadline for filing a claim in small claims court?
Are there any restrictions on the type of evidence I can submit in a small claims court case?
Are there any rules prohibiting me from collecting a small claims court judgment outside of court?

Related Blog Posts

What is Small Claims Court and How Does it Work? - July 31, 2023
Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023