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New York Small Claims Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Small Claims for New York on
Q: I am the Mother, Can I file a Petition, Pro Se, requesting Supoena Duces Tecum to acquire Medical Examiner's Report?

I am the mother of the deceased daughter. Her husband blocked me from receiving the Coroner or Medical Examiner's Report of when she passed, how she passed.

Michael David Siegel
Michael David Siegel answered on Sep 27, 2018

No. You are not next of kin.

1 Answer | Asked in Small Claims for New York on
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?

We both are liable but he refuses to pay and that don't think it fair to pay for the whole thing myself. but now the loan has been reported to the credit bureau because no payment has been made. So would be able to sue him for have of the 8400 that is due now?

Michael Hales
Michael Hales answered on Sep 11, 2018

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...
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1 Answer | Asked in Business Law and Small Claims for New York on
Q: For small claims if my company is in LI NY but company in Westchester and job in NYC. Where do I file claim?

My company is based in LI, company that owes me in Pine Island the two unpaid jobs were in Manhattan. In what jurisdiction do I file the small claim? Is it my area, the company I am suing their area or the place where the two jobs were completed in NYC? I want to get this process started ASAP this... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 20, 2018

I would do Manhattan, not LI. Westchester OK too. But $3000 is limit for small claims in suburbs. NYC limit is $5000.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
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

MSI is a Taiwanese company with its US headquarters in California. They sell their computers through Best Buy and other retailers present in New York State. I would like to sue MSI because firmware I downloaded from their website crippled my computer and I believe they are responsible for providing... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Jun 14, 2018

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... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for New York on
Q: We frequently have our only exit to the house blocked. Sometimes by bicycles and chairs, often by partiers and smokers.

We basically often have to ask for permission from people intoxicated and stoned to enter or leave our porch. Many do not live in building. Partying with neighbors. They have other exits. They are unfriendly. One of them down there has already threatened to go ballistic on us. Police say these... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 12, 2018

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.

1 Answer | Asked in Personal Injury, Landlord - Tenant and Small Claims for New York on
Q: i was resently evictedfrom the ymca after 11 years for no reason because the housing coordinator didnt like me. can i fi
Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on May 26, 2018

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... Read more »

2 Answers | Asked in Employment Law and Small Claims for New York on
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?

My most recent paycheck from my job bounced and they haven't paid me the money yet. The check was given to me and deposited on May 11, then bounced a few days later. My bank account is currently negative and has been that way for about a week. When I contacted my (former) employer they told me they... Read more »

Michael David Siegel
Michael David Siegel answered on May 23, 2018

You can sue, and you can also file a complaint with the Department of Labor.

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1 Answer | Asked in Banking, Consumer Law and Small Claims for New York on
Q: Can I bring Citibank to small claims court?

I canceled my bank account with Citibank three years ago and Citi said they do not a have a record of any phone conversation documenting that I have attempted to close the account. They have been charging me $25 per month for the the past three years for insufficient funds totaling to approx $600.... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 15, 2018

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.

1 Answer | Asked in Employment Discrimination, Employment Law, Small Claims and Business Law for New York on
Q: In SaaS sales in NYC, I was paid 4 months late on my commission, what action can I take against my former employer?

I am located in NYC. No comp plan presented until 6 months into my job. My first commission check was 4 months late. Q1 comp plan was presented end of January that I did not mutually sign or agree to. I was also paid a couple hundred dollars less on a deal than what was proposed. The company also... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 3, 2018

You can sue. The amount at issue governs which court and the price.

1 Answer | Asked in Contracts and Small Claims for New York on
Q: Verbal agreement that I received email confirmation about has been rescinded. Do I have recourse?

My daughter had been attending daycare for over a year. I had to take her out because it level of care was substandard. The provider told me that if I were to return for the summer session I could use the $1,300 security deposit that I would otherwise lose towards the summer tuition (I have this in... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 3, 2018

Email exchanges can be enforced as contracts. Your claim is small claims and you can sue for the $1300 back.

1 Answer | Asked in Small Claims and Immigration Law for New York on
Q: VIOLATED ORDER OF PROTECTION

my husband has conditional green card and he violated order of protection he make a deal with the DA and get trespassing after pleas guilty. how this will affect his immigration status?

Hector E. Quiroga
Hector E. Quiroga answered on Mar 15, 2018

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.

1 Answer | Asked in Consumer Law and Small Claims for New York on
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

My wife put an antique table on sale on line (I believe on Facebook). We got quite a few bites and one woman in particular was willing to pay full price however she needed it delivered to her house. She never came by to see it so my wife sent her a series of photographs as well as dimensions. She... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 12, 2018

For $100, no one is going to do anything. You are probably in the right anyway.

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: I am suing a business/person in New York City in small claims. Can I put 2 claimants on the claim?

He owes me and my girlfriend $500 together for the same single agreement. Do I have to do two separate cases for $250 each?

Michael David Siegel
Michael David Siegel answered on Mar 1, 2018

You can do one case, but you and your girlfriend have to go to sign the complaint form.

1 Answer | Asked in Civil Litigation, Contracts, Products Liability and Small Claims for New York on
Q: I bought several computers from a person in NJ.

I bought several computers from a person in NJ. He assured me over the phone and over text that 3 of the 4 computers were fully functional. After receiving them...none of the computers worked and they looked like they had come out of the garbage. I paid him $850. I live in NYC.

Michael David Siegel
Michael David Siegel answered on Feb 3, 2018

You can sue in small claims in NJ or NY but collection is a definite issue.

1 Answer | Asked in Contracts and Small Claims for New York on
Q: I am wondering if I have a case that I can take to small claims court (and win).

I need to cancel my wedding reception and the venue is not going to give me my deposit back. it is a $2000 deposit that was given to hold our date. We need to cancel for financial reasons, but the owner also has not gotten ahold of us to plan after we reached out to him on 2 separate occasions. We... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 22, 2018

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.

1 Answer | Asked in Real Estate Law, Contracts, Landlord - Tenant and Small Claims for New York on
Q: What issues do I face living in a house whose deed is under my deceased great grandmother? What are my options?

I currently live with my husband and his half-sister in a house that has no mortgage, the house has been paid in full. We were under the impression as per his mom that the house was both under her and his great grandmother's name whom passed away in 2002. When the grandmother died, my mother-in-law... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 13, 2017

I think I responded to you already, maybe on another site. You have many issues to deal with, and time is not on your side. There is no cheap way out of this as clearing title is a formal process.

1 Answer | Asked in Contracts and Small Claims for New York on
Q: Can i secretly record conversations and use them in Small Claims court to establish the defendant has lied?

Wanna know if i use a mini recorder to record the person i plan on suing in small claims court admitting they borrowed money can I use this as evidence in the case. If i do record what is the criteria under which this recording can be made and legally used to help me with my case?

Michael David Siegel
Michael David Siegel answered on Nov 17, 2017

In New York, as long as one party to a conversation knows that it is being taped, it is legal to tape it without the other party knowing.

2 Answers | Asked in Contracts and Small Claims for New York on
Q: Wanna sue for money borrowed in middle of 2013 for moving help in nyc

Sister borrowed $4k for help moving and i loaned her on promise she would pay when on her feet. Ive asked several times over years only getting excuses everytime. This year an irreperable rift has come between us and the repair of the relationship is highly unlikely. It is about the money as its... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 17, 2017

It is a small claims case you can do yourself. You can sue.

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1 Answer | Asked in Criminal Law, Personal Injury, Small Claims and Employment Law for New York on
Q: I want to ask if it's legal that my job is making me work with a mentally ill person.

I work as a job coach with adults with mild intellectual disabilities. I've been threatened and hit by a client who is diagnosed with paranoid schizophrenia. I'm not qualified or trained to deal with him. I want to know if its legal that they make me work with him.

Lee A. Koch
Lee A. Koch answered on Oct 23, 2017

This appears to be a question for the employment law section. It definitely creates a danger for you and the client. The result of any attack on you or exacerbation of the client's condition could be negligent conduct on behalf of your employer. Speak with an employment lawyer who specializes in... Read more »

1 Answer | Asked in Business Law and Small Claims for New York on
Q: I live in New York State can I take someone in Vancouver Canada to small claims court ?

I am owed money for services rendered as a subcontractor and he’s refusing to pay me do I have any legal recourse seeing as how I live in New York State and he lives in Vancouver Canada

Barry Eran Janay
Barry Eran Janay answered on Oct 20, 2017

No. Small claims defendants must reside in the jurisdiction.

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