Can You Be Sued In A Different County Than You Are Registered

In General
Where to Sue
Starting the Case
Electronic Filing
Notifying the Defendant
Preparing for Court

In General

Anyone 18 years of age or over can sue in Small Claims Court. If you are younger than eighteen, your parent or guardian may sue on your behalf. Only an individual can sue in Small-scale Claims Courtroom. Corporations, partnerships, associations, or assignees cannot sue in Modest Claims Courtroom. Notwithstanding, they can be sued in Pocket-size Claims Court. If you are a corporation, partnership, association or assignee, you tin bring a Commercial Claim or Consumer Transaction. For more information, click on Commercial Claims and Consumer Transactions.

In general, the person suing is called the claimant. The person beingness sued is called the accused. You may sue more than than one person at the same time.

Yous must be the proper person to sue in Pocket-sized Claims Court. For example, if you are involved in an accident while driving an automobile that is non registered in your name, yous cannot sue for the damage acquired to the automobile during the accident. But the registered owner of the auto tin can sue for the amercement caused to the motorcar.

To larn more about bringing a Small Claims Courtroom instance, continue reading below. Yous can likewise read the law on this procedure, by clicking on Ceremonious Court Human activity section 1803.

Where to Sue: Venue

A claimant must begin the lawsuit in the proper canton. In general, a claimant can sue in the county where either party resides. If no political party resides within the City, the action can be brought in the canton where either party has employment or a business address. If the defendant does not accept a residence, employment, or have a business address within the City of New York, you lot cannot bring the lawsuit in the Minor Claims Court. To notice the location in your county, click on Locations.

Starting the Instance

To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Pocket-sized Claims Courtroom Clerk'south function in the proper canton and fill out a statement of claim. To find out where the clerk's part is located in your county, click on Locations. To find out when the Small-scale Claims Court Clerk'due south part is open up, click on Court Hours. You may also employ an outside service to fill out your statement of claim and electronically file it with the Court. If you are interested in starting your case this manner, click on electronic filing.

The person filling out the statement of claim must be able to explain the reason for the lawsuit, know the corporeality of the claim, and have the correct proper name and address, including zippo code, of the person or business that is beingness sued. If you are not sure of the correct name of the business, you should become to the County Clerk's office in the county where the business is located and await up the certificate of doing business, photocopy the certificate and bring it to the court. The person filling out the statement of claim must exist able to explain the reason for the lawsuit, know the amount of the claim, and accept the right name and accost, including nothing code, of the person or business organization that is existence sued. If yous are not sure of the correct name of the business organization, you should go to the County Clerk's office in the county where the business concern is located and look up the document of doing business, photocopy the certificate and bring it to the court. View and print the minor claims merits form.

You can watch a curt tutorial to explain how to make full in the form.

Small Claims Form Instructions:
Video (run fourth dimension: iv:52 minutes/seconds, Windows Media format )
Written Transcript

You will have to pay the court fee to file your claim. If your claim is for an amount up to and including $1,000.00, at that place is a fee of $15.00. If your merits is for an corporeality over $one,000.00 and upwards to $x,000.00, in that location is a fee of $20.00. The fee must be paid by cash, certified check, money society or bank cheque fabricated out to "Clerk of the Civil Court." Personal checks will not be accepted.

The clerk will give you a engagement for the hearing. Pocket-size Claims Court hearings are usually held at six:30 p.m. If you are a senior citizen, a disabled person, or a person who works during the evening, yous may request that your small claims hearing be heard during the 24-hour interval. You or the person actualization on your behalf must show proof of age, or inability, or nighttime employment. The proof tin be in the form of a letter from your job or from a medico, a commuter's license showing your nativity date, or other like documents.

If you live exterior the City of New York and want to sue a political party within the City of New York, you may file your merits by mail. Contact the Small Claims Court Clerk'southward office in the county where the defendant lives, works or has a place of business to obtain the necessary form.

Electronic Filing

The courtroom system does non provide electronic filing for Minor Claims matters at this time. Please check back for updates.

Notifying the Defendant

After your merits is filed, the Small Claims Court clerk will serve a notice of your claim by sending it to the accused. The observe of claim tells the accused when to announced in Small Claims Court, and includes a brief statement of your claim and the amount of money y'all are requesting.

The find of your merits will be sent to the defendant past certified mail and by ordinary first class post. If the detect sent past ordinary first class mail is not returned by the mail office within 21 days equally undeliverable, the accused is presumed to accept received discover of your claim, fifty-fifty if the notice of merits sent by certified mail has non been delivered.

If the mail service part cannot deliver the detect of your merits (for example, the defendant may accept moved without leaving a forwarding address), the court clerk will requite you a new hearing date and will tell you how to arrange for personal delivery of the notice to the defendant. Anyone who is not a party to the small merits and who is eighteen years of historic period or older can personally deliver the notice of claim to the defendant. The claimant or whatever other party to the action may not serve the notice of claim personally on the defendant.

If the notice of claim cannot exist served on the defendant within 4 months subsequently yous filed your merits, your claim will be dismissed. If yous learn new information about the defendant's location at a later date, you can file your claim once again.

A small claims case will not keep to trial until the accused has been served with a detect of your claim.

The accused may want to file a counterclaim. For information nearly this process, click on Counterclaims.

Preparing for Courtroom

Earlier the date of the hearing, y'all should assemble all the show that supports your claim or your defense. Evidence may include: photographs, a written agreement, an itemized bill or invoice marked "paid," receipts, at least 2 itemized written estimates of the toll of services or repairs, a canceled check, a damaged particular or commodity of habiliment, or letters or other written documents. If at that place are records that are not in your possession, you lot may wish to amendment them to exist produced at the hearing date. For information well-nigh this procedure, click on Subpoenas.

You should also ready any witnesses yous program to prove at the hearing in support of your claim or defense force. The testimony of a person who has special or expert knowledge and experience concerning the subject of your claim may be necessary for you lot to prove your case. For example, if your claim involves the quality of medical care, you lot must notice a doc who is willing to give an opinion, in court, about the quality of the care you lot received. While you might notice an skillful witness who will testify at no toll to y'all, it is more likely that you will have to pay for an expert witness testimony.

If a witness, other than an good witness, will not testify voluntarily, you can serve the witness with a amendment requiring them to appear in court and testify. For information on how to exercise this, click on Subpoenas.