Do you have a dispute with a local merchant, a neighbor, someone who did you wrong? If so, you might be able to easily handle the dispute on your own without having to hire a lawyer! Below are the nuts and bolts for handling a Small Claims Court matter in New York. Since my office is in Elmira, I will use the Small Claims Court information in Elmira as my example but I will also provide information for other courts throughout the State of New York.
First, a few of the basics. Small Claims Court in the City of Elmira is for claims up to $5,000. You can bring a claim against a person who lives in the City of Elmira or is doing business in the City of Elmira. Here is a link to the Small Claims Court website: http://www.nycourts.gov/courts/6jd/chemung/elmira/civil_small.shtml You can access the Court Forms here.
Second, a few tips for handling your own case.
In the City of Elmira, you can go to the second floor of City Hall and go to the window for the Court Clerk. Just tell the Clerk the details of your claim (ie the name and address of the person you wish to sue, the relevant dates, the amount of your claim, etc.) and the Clerk will assist you in filing your Claim. They will then give you a court date for your case.
On the date of your hearing it is important that you bring with you any witnesses and/or documents that support your claim– bring photos, invoices, diagrams,etc.– basically anything that will help you explain to the Judge what happened and why you deserve to be compensated.
Keep in mind that the Judge hears lots of cases on each court day so try to be very organized so that you can quickly and clearly explain your position. Be polite even if your opponent is not– remember, the Judge will be deciding who wins and who loses and in my experience, nice folks usually win and the jerks lose….
Good luck and let me know if you have any questions.
Thanks for reading, Jim Reed
PS– For information on other New York courts a great starting point is the official N.Y. Courts website at: http://www.nycourts.gov
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Sir: If I have a small claims matter with a person from NJ could I make the claim here or would it have to be in NJ.. Thank You Rick
Family Court jurisdiction usually revolves around where the transaction in dispute occurred. If for instance, the dispute involved a sale of property in Elmira, Elmira Small Claims Court would have jurisdiction over the dispute. You can learn more about Small Claims Court jurisdiction here: http://www.courts.state.ny.us/.....laims.html.
a dispute with a sidewalk contractor. This has been ongoing since July 2012. All work documented by photos. Small claims court or a lost cause? Most of sidewalk will have to be replaced. I paid $1,950.00 to contractor.
With Small Claims Court you really don’t have anything to lose but your own time and the nominal court costs so Small Claims Court might be perfect for this kind of dispute. Just make sure to take all documents/photos/witnesses necessary to prove your claim.
Good Luck!
Thanks, Jim
_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: http://www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com
Hello,
I recently sold my car privately to an Individual who paid 1/3 in cash and the other 2/3 by personal check. She put a stop or “hold” on the check shortly after I deposited it and all the money was withdrew from my account. I have a signed receipt by the individual stating that she paid x amount dollars by way of check and cash, and she has one as well. I have a signed authentic copy of the check from the bank of which it was deposited. What should I do to settle this and guarantee my money back? Thank you.
Unfortunately, absent cash in hand, there is no effective way to “guarantee” payment whenever you accept a personal check. Your remedy if someone cuts you a bad check is to try to get the police to prosecute this as a crime for knowingly issue a bad check. However, usually the issuer of the check tells the police that the car was not as represented and that therefore they had a valid basis to stop payment on the check. The police generally don’t want to get involved in this game of “he said, she said” so they just tell you it is a civil matter.
That means you head to Small Claims Court as discussed in this blog.
Sorry that I don’t have anything better than this I can recommend but I think you know you are between a rock and a hard place on this one. For future reference, when selling something, insist on cash, a certified check or some other valuable collateral that will guarantee future payment.
Good luck,
Jim Reed
NY and PA Injury & Malpractice Lawyer