How Does the NYS Small Claims Court Work?
The small claims court is a part of the New York State Civil Court. Filing a small claim in New York State costs $15 to $20, as of October, 2010, and is a simple process for the claimant.
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Open the Case
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In New York State, anyone over the age of 18 may sue in small claims court, while the parents of those younger than 18 may sue on their behalf. A statement of claim must be filed by going to the Small Claims Court Clerk's office, or by filing online. A notice of claim will then be sent to the defendant.
Prepare for Court
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The New York State Civil Court will provide a date for the hearing. You may represent yourself or use a lawyer. Prepare all evidence in advance to bring to court on the day of the hearing.
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Small Claims Hearing
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Arrive at the courtroom 30 minutes before the hearing, and take a seat. The court clerk will call the case and announce your name. The case then goes in front of an experienced senior attorney, called an arbitrator, who hears the case and decides the outcome. You may request a judge, but this increases the waiting time for a hearing date.
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References
- Photo Credit gavel image by Cora Reed from Fotolia.com
