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New York Small Claims Questions & Answers
0 Answers | Asked in Small Claims for New York on
Q: Can Uber Connect (Package Service) Be Held Responsible for Sending “Prohibited” Packages from Point A to Point B?

Per Uber, it prohibits its customers to deliver illegal items, including large sums of money and recreational drugs, but it is a regular occurrence today. My elderly mother was recently scammed out of most of her life savings. Using a Bandwidth.com account, a caller (using AI technology) claimed to... View More

1 Answer | Asked in Contracts and Small Claims for New York on
Q: I let someone borrow $2,500 and the person does not want to pay me back, can I sue that person to get my money back?
Carl Nelson
Carl Nelson
answered on Feb 17, 2024

If there was an agreement to pay the funds back, you can sue to recover…the questions are (1) can you prove the debt (especially if the agreement was oral rather than written); (2) how much time and cost will you incur to being an action; and (3) is there a means to collect on a judgment.

0 Answers | Asked in Consumer Law and Small Claims for New York on
Q: Small Claims Question- I want to know what forms I would need to file a small claims suit

I am taking Meta/Facebook to small claims court because my account was hacked & a lot of the jobs that I have been applying for require a Facebook profile. I actually wouldn’t have cared if my name was common but I have an extremely uncommon name & it’s very easy for hiring managers to... View More

2 Answers | Asked in Products Liability and Small Claims for New York on
Q: What can I say in court if he wants to take it to small claims court.

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Tim Akpinar
Tim Akpinar
answered on Nov 29, 2023

If someone wants to bring a claim against you in small claims court, one option could be to discuss the person's dispute or dissatisfaction to find out if court could be avoided through negotiation. If the matter has already gone to court, the other option could be to determine if you have any... View More

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2 Answers | Asked in Animal / Dog Law, Small Claims and Landlord - Tenant for New York on
Q: Neighbor told landlord that they were going to sue me because my dogs are barking… Landlord texted us and told us…

It’s been a few weeks since the neighbor complained and I have been working to address it… I noticed my dogs bark when they see people walk by so when I am home I make sure they are under control and when I am gone I put them in a small quiet room with no windows and with toys… to try to keep... View More

James L. Arrasmith
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answered on Nov 13, 2023

In New York, dealing with a neighbor's complaint about dog barking can be a delicate situation. It's commendable that you're taking steps to control your dogs' barking. If your neighbor proceeds with a lawsuit, they would need to prove that the barking is excessive and... View More

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2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Should I continue to take this to small claims court or should I take it to regular Court our home was three floors High

I received a violation ticket for demolition without a permit that proves that the house was still mine no money was exchanged yet

James L. Arrasmith
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answered on Nov 11, 2023

In determining whether to pursue your case in small claims court or a regular court in New York, consider the nature and complexity of your dispute. Small claims courts are typically suited for simpler, lower-value cases and can be faster and less formal. Regular courts can handle more complex... View More

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1 Answer | Asked in Consumer Law, Small Claims, Copyright, Business Law and Intellectual Property for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you purchased a digital product like a game or an art book, the terms of the sale, including any End User License Agreement (EULA), will typically govern what the seller can and cannot do after the purchase. Many digital products come with licenses that allow the company to update or alter the... View More

1 Answer | Asked in Consumer Law, Small Claims and Medical Malpractice for New York on
Q: Optometrist will not replace lenses even though they advertise 1 year warranty for exam and prescriptions.

The 1st prescription called for prism. They gave me headaches. They re-examined and eliminated the prism at no cost. These lenses left me with blurry vision. I went to my Gloucoma Ophthalmologist who said I have unusual problems with my vision (due to prism), and referred me to another speciaist... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 16, 2023

Your post does not include a question. You need to review the exact terms of your warranty to see whether it includes the original cost of your lenses and not just the replacement cost and whether the warranty can be triggered by the recommendation of a different optometrist / ophthalmologist.... View More

2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Last year we loaned a cousin $2500 and were told we'd get it back in a week, so far we received $100 months ago

We also found out she has done this to many others with the same lines to the tune of over $20,000 and also sent us checks that were not worth the paper they were written on.

James L. Arrasmith
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answered on Nov 4, 2023

You might consider taking legal action to recover your funds. If the amount loaned is $2,500 and you have only received $100 back, you could potentially file a claim in small claims court, where you can sue for amounts typically up to $5,000 in New York.

Before proceeding, ensure you have...
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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for New York on
Q: Got chemical burns to my face and scalp, from Blonde Solutions hair products applied by their Educator. who do I sue?

After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2023

Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More

2 Answers | Asked in Landlord - Tenant and Small Claims for New York on
Q: If someone that was occupying my house, made the property non livable, can they be sued for the value of the property?

The waste drain pipe broke, causing sewage to drain into the basement, they fixed the pipe, but didn’t clean up the sewage or sanitized that area of the property. Also they have not paid their water and sewer bill, now I am being billed for this also.

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2023

Your post doesn't mention the nature of the arrangement. If you reposted and added the categories "Landlord-Tenant" & "Real Estate," there would be better chances of attorneys with insight into such situations picking up your question. Good luck

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2 Answers | Asked in Consumer Law, Entertainment / Sports, Gaming and Small Claims for New York on
Q: If compulsory censorship happens to a digital good, artbook or game AFTER a sale. is that effectively theft?
T. Augustus Claus
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answered on Aug 10, 2023

Compulsory censorship of a digital good, such as an artbook or a game, after a sale may not be considered theft in the legal sense, but it could potentially lead to other legal issues or breaches of contract, depending on the circumstances and the terms of the sale or licensing agreement.... View More

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2 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Former friend and I went on vacation in August, and now that we've had a major falling out, he invoiced me. Do i owe?

He paid for a good amount of the trip, but at the time had offered and was okay with everything. We were apart of a non profit org together, and after we removed him from the board for sexual misconduct (against me) hes retaliated. Hes sent me an invoice for our trip of over 1200 dollars. Am i... View More

David H. Relkin
David H. Relkin
answered on Jul 26, 2023

This is like a question on a bar exam. The question is what was the agreement at the time the money was expended, not at a later time. Therefore, since the expenses were a "gift" at the time they were incurred, that is, there was no intent at that time to ask for reimbursement, the... View More

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1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: Did my landlord follow the NYS security deposit law?

My landlord has provided an itemized statement and receipts for the deductions made to my security deposit through text messaging only, the day of the deadline (14th day) to send both itemized statement and remainder of security deposit to me by mail. I did not receive the remainder of the security... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jul 19, 2023

Dear Poughkeepsie Tenant:

So little law is developed in courts throughout the State dealing with the tenant security deposit statute. Likely, you would sue in Small Claims Court. I cannot predict that a local Small Claims Court would not decide that the text message satisfied the...
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1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: Can I begin a small claims action against my landlord for returning my security deposit even one day late?

My landlord has missed the 14- day return window for refunding security deposits. July 14th was the last day of the legal timeframe. I have vacated his apartment June 30th.

I have spoken to the landlord on July 14th and he has told me that he sent it in the mail postmarked for July 13th... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jul 16, 2023

Dear Poughkeepsie Tenant

Your money and your time is not a matter to provide an opinion. You may win the case or settle for a negotiated amount.

1 Answer | Asked in Collections and Small Claims for New York on
Q: I was hired by an employee of a hotel to do some minor work on behalf of the hotel. He agreed initially he would pay.

I provided him a bill but I have not received payment for 6 weeks now & when I call to inquire where my payment is, he says 'I don't know'. I have copies of text messages & voicemails. Do I sue him or the hotel? The amount is just under $100 but it's the principle. Our... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

The proper defendant is the employer but the employee could be sued also.

1 Answer | Asked in Small Claims for New York on
Q: I loaned my brother $2,000 about 5 years ago. He wont pay it back. Can I take legal action?

He lives in a different state now. I live in Syracuse, NY and he lives in Austin, Texas

John Michael Frick
John Michael Frick
answered on Jun 14, 2023

Yes, you can sue him in a justice of the peace court in the precinct where he lives to recover the unpaid loan amount plus interest.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: How can I protect myself when ex-friend is harassing me and trying to extort money from me? Is her case even valid?

I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... View More

Peter J. Weinman
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answered on May 22, 2023

Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... View More

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Libel & Slander for New York on
Q: Can my friend sue me for rent and transportation services after I stayed with them as a guest?

I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... View More

Carl Nelson
Carl Nelson
answered on May 20, 2023

A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for New York on
Q: The Village DPW employees plowed snow onto our property and destroyed our Fence and wont pay to fix it

The village is stating they do not have to pay for it. The fence is set 10ft back from the edge of the road. The codes enforcer verified where we were putting the fence and approved our permit with the Village & town of Wilna. We submitted an estimate to the village, which we were never advised... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 3, 2023

The Village will do this to you as long as you do not take the steps needed to commence a lawsuit and as long as you do not involve your homeowner insurance company.

Without filing a Notice of Claim within 90 days of the occurrence of the damage, you cannot sue. If the time has not run out,...
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