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New York Small Claims Questions & Answers
1 Answer | Asked in Personal Injury, Internet Law and Small Claims for New York on
Q: If you file a complaint against someone,what does it mean when it says "70 Day Notice due by....90 Day Service due by."
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

These are the deadlines by which you have to serve notice on the other party. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in... View More

1 Answer | Asked in Small Claims and Collections for New York on
Q: Do I need a lawyer for Information Subpoenas and the followup execution of seizing assets for small claims judgement?

The Judgment Debtor owes us 3,015 dollars as awarded on May 6, 2016. We have written letters of payment request to the JD - even offering a payment plan. No response. Do we need a lawyer to proceed with next steps? Our Yates County Sheriff's Civil dept said they only act on serving papers from... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

You may end up paying the lawyer more than the amount you're trying to collect. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More

1 Answer | Asked in Small Claims for New York on
Q: I live in Nassau county of NY and want to take PayPal to Small Claims court. Which court do I need to go to?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

Your local county small claims court should suffice. Read the Terms of Use that you agreed to in using PayPal, because they may require arbitration rather than litigation. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Small Claims for New York on
Q: Accidental breaking of a laptop, but the person is refusing to pay properly. Can I take this to small claims?

Hello.

On Sep 27, 2016, someone accidentally broke my laptop, rendering it unusable. She hit it off a table due to her bag hanging by her side,claiming the laptop was on the edge of the table.This was not the case.A witness saw the laptop was nowhere near the edge. Nonetheless, the person... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

You can take this to small claims court, potentially asserting a claim of negligence. If she refused the $250 offer, I see no contractual release/ settlement agreement there. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Small Claims for New York on
Q: Can i seek interest on the money that is owed to me if so, how much, along with filing fees and emotional damages in NYS

Seeing small claims in Milan NY County court and want to know can I sue for interest from the money that is owed to me since 2012, along with filing fees and emotional damages?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

Interest at the legal rate plus filing fees sound fair. I see no basis for "emotional damages". The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

1 Answer | Asked in Contracts and Small Claims for New York on
Q: If while you were in a relationship with someone he lavished you with gifts , never asking for anything in return , and

Now that you aren't together anymore he wants those things back including money given over the course of the 2 year relationship. Can he take you to court over it ?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

Gifts belong to the person to whom they were fairly given, and there is no legal right to reclaim them. They must be gifts and not loans, of course. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Wrongful Death and Small Claims for New York on
Q: Can I seek interest, emotional damages, filing fees along with money owed to me in small claims court, NYS?

I have copy of check that indicates on check borrowed money to be paid back in a couple of days, have his signature of cashing the check for $990.00. Can I sue interest for not paying since this check was cashed in 2012, along with filing fees and emotional damages? Suing him in the town he... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 4, 2016

You may sue him I believe statute of limitations in NY is 6 years. But don't wait any longer--do it now. You need to sue him where the payment was made, or where he lives now.

1 Answer | Asked in Small Claims for New York on
Q: Is there a time limit on getting a decision from the Judge on a small claims case?
Paula J. Mcgill
Paula J. Mcgill
answered on Jan 6, 2012

Unfortunately, no. However, you should check in with the clerk every now and then to check. However, with the large caseload judges have in every court, it may take several months to receive a decision.

1 Answer | Asked in Small Claims for New York on
Q: Do I need a lawyer to handle a lawsuit in Small Claims Court?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2011

Not necessarily, but you absolutely MUST be organized. If you are presenting your case to the judge, make sure you have copies of the exhibits for the other side, the judge and yourself. If you are cross examining a witness, take your time, be civil and clear, and make sure you do not interrupt... View More

1 Answer | Asked in Small Claims for New York on
Q: What is the limit of how much I can sue for in small claims court?
Mark A. Siesel
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answered on May 1, 2011

The jurisdictional limit in Small Claims Court is $3,000.

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