New York Small Claims Questions & Answers

Q: I’m sued for leaving a bad review on Better Business Bureau for bad customer service

3 Answers | Asked in Contracts, Civil Litigation and Small Claims for New York on
Answered on Jan 8, 2019
Barry Eran Janay's answer
Depends on the review, but they are probably seeking damages for defamation and harm to their business reputation. These are fact intensive and "truth" is an absolute defense. You need to get a lawyer to defend yourself or your company.

Q: Hi I'm looking for a lawyer that practice in food violation due to contamination of Mc'Donalds .

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Answered on Oct 28, 2018
Peter Munsing's answer
If your son didn't need medical treatment chances are there is no case because you have to show the worm being there caused damage. Being revolting isn't enough to the law.

Contact a member of the NYState Trial Laweyrs Assn in your area--they give free consults.

Q: What is the best way to go about check fraud?

3 Answers | Asked in Criminal Law, Identity Theft and Small Claims for New York on
Answered on Oct 16, 2018
Aubrey Claudius Galloway's answer
Our firm routinely handles these small claims cases for a flat rate of $725.

I’m NY, small claims court has subject matter jurisdiction over amounts in dispute between $0 and $5000; civil court between $5000 and $25,000, and supreme court in New York entertains cases where the amounts sort by plaintiff and our defendant and counterclaims exceeds $25,000.

For a debt of around $3000 search is this one I would recommend hiring an attorney and bringing in action in small...

Q: Debt incurred by ex on a joint credit card that was supposed to be closed. They stopped paying. What recourse do I have?

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Answered on Oct 8, 2018
Michael David Siegel's answer
The key line of your post is your fault for not checking. As to the bank, you have to pay. As to your ex, if you are named in a bankruptcy as a creditor for this debt, it will be a discharged claim, and you cannot sue your ex.

Q: Can I sue an ex for not paying for a timeshare because my credit score has lowered even if only 2 payments were missed?

1 Answer | Asked in Small Claims for New York on
Answered on Sep 11, 2018
Michael Hales' answer
It's possible, but title to timeshares are typically takes with both owners being joint and severally liable. Meaning that you are responsible to pay if he does not. I suppose that you could sue on equitable claims, but it may be difficult.

In these situations, clients have often hired me to make a deal with the other owner. I usually offer to give the timeshare to the ex or offer to take the timeshare off the ex's hands. Sometimes I've negotiated a price during these, but that will...

Q: For small claims if my company is in LI NY but company in Westchester and job in NYC. Where do I file claim?

1 Answer | Asked in Business Law and Small Claims for New York on
Answered on Jun 20, 2018
Michael David Siegel's answer
I would do Manhattan, not LI. Westchester OK too. But $3000 is limit for small claims in suburbs. NYC limit is $5000.

Q: I’m a New York State resident. Am I able to sue MSI Computers in my local small claims court? MSI is a Taiwanese company

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Answered on Jun 14, 2018
Aubrey Claudius Galloway's answer
You can try to sue anyone in any court; but not necessarily with success. In this case, the small claims court lacks personal jurisdiction over the alien company, located in California. Also, what are the damages? If more than $3000 in villages and towns or $5000 in cities, the small claims court also would not have jurisdiction. In this case with regards to THE PARTIES only and NOT the SUBJECT MATTER, it would generally be brought in Federal Court under diversity jurisdiction.

Q: We frequently have our only exit to the house blocked. Sometimes by bicycles and chairs, often by partiers and smokers.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for New York on
Answered on Jun 12, 2018
Michael David Siegel's answer
This would violate your lease, but if police will not do anything, your recourse is to leave by breaking your lease. Be sure to document with photos these issues so you can show a court later if needed.

Q: i was resently evictedfrom the ymca after 11 years for no reason because the housing coordinator didnt like me. can i fi

1 Answer | Asked in Personal Injury, Landlord - Tenant and Small Claims for New York on
Answered on May 26, 2018
Aubrey Claudius Galloway's answer
It depends if the YMCA successfully prevailed on something called either a "Non-Payment Summary Proceeding" , or a "holdover Summary Proceeding" (the former if you didn't pay rent or the latter if you held over your lease and they gave you 30 days notice to vacate) AND THEY OBTAINED A WARRENT OF EVICTION FOR THE MARSHALL TO EVICT YOU. Otherwise you never actually HAD TO leave.

If you have a viable Cause of Action now I'm unsure of without further details; call me for a free consult at...

Q: Can I sue my job for not paying me after a check bounced and get reimbursed for the overdraft fees my bank charged me?

2 Answers | Asked in Employment Law and Small Claims for New York on
Answered on May 23, 2018
Michael David Siegel's answer
You can sue, and you can also file a complaint with the Department of Labor.

Q: Can I bring Citibank to small claims court?

1 Answer | Asked in Banking, Consumer Law and Small Claims for New York on
Answered on Apr 15, 2018
Michael David Siegel's answer
You have not been damaged, so you have no case. You do not even get the $600 you claim should be written off. Just write a certified letter to the General Counsel for the bank saying what you said here.

Q: Verbal agreement that I received email confirmation about has been rescinded. Do I have recourse?

1 Answer | Asked in Contracts and Small Claims for New York on
Answered on Apr 3, 2018
Michael David Siegel's answer
Email exchanges can be enforced as contracts. Your claim is small claims and you can sue for the $1300 back.

Q: VIOLATED ORDER OF PROTECTION

1 Answer | Asked in Small Claims and Immigration Law for New York on
Answered on Mar 15, 2018
Hector E. Quiroga's answer
It depends—if it was a DV protection order, it could get him deported. If not, probably nothing. He should consult with an immigration attorney to see.

Q: Just sold a woman a used antique table. She just emailed my wife today that she doesn't like it and wants her $ back

1 Answer | Asked in Consumer Law and Small Claims for New York on
Answered on Mar 12, 2018
Michael David Siegel's answer
For $100, no one is going to do anything. You are probably in the right anyway.

Q: I am suing a business/person in New York City in small claims. Can I put 2 claimants on the claim?

1 Answer | Asked in Consumer Law and Small Claims for New York on
Answered on Mar 1, 2018
Michael David Siegel's answer
You can do one case, but you and your girlfriend have to go to sign the complaint form.

Q: I bought several computers from a person in NJ.

1 Answer | Asked in Civil Litigation, Contracts, Products Liability and Small Claims for New York on
Answered on Feb 3, 2018
Michael David Siegel's answer
You can sue in small claims in NJ or NY but collection is a definite issue.

Q: I am wondering if I have a case that I can take to small claims court (and win).

1 Answer | Asked in Contracts and Small Claims for New York on
Answered on Jan 22, 2018
Michael David Siegel's answer
If there is no written contract you will argue that there is an oral one. As the venue will dispute your version, it is 50/50 on winning.

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