How do I file a motion in small claims court?
Filing a motion in Small Claims Court in New York requires a few steps. First, you need to fill out the “Notice of Motion” form and the “Affidavit” form. The Notice of Motion outlines the reason or relief you are requesting in your motion. The Affidavit is a sworn statement under oath that contains all the relevant facts of your motion. Before filing, you should create two copies of these forms - one for you and one for the defendant. Second, you need to pay the filing fee, which is determined by the amount of money you are requesting in the motion. You can pay the fee at the court where you are filing the motion. Third, you need to serve the Notice of Motion and Affidavit to the defendant. You can do this by having an adult other than yourself give the documents to the defendant, or you can hire a process server to do this. Finally, after the defendant is served, you need to file the original Notice of Motion, Affidavit, and proof of service with the court. At this point, the court will set a hearing date and you can explain your motion in front of a judge.
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