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New York Small Claims Questions & Answers
1 Answer | Asked in Small Claims for New York on
Q: Losing in small claims court, do I have to pay the winners legal fees ?

I will sue a business for $4,000 in small claims court - I am sure they will send their lawyer which costs them. Assuming that I lost the case, can they counter-sue or use another trick to try to get their legal fees from me (I will go pro se in the small claims court).

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Apr 14, 2017

The judge may rule that you pay legal fees or he/she may not. However you will not have to pay the actual legal fees your adversary paid. Generally, the court rules that the winner receive legal fees equivalent to that of an 18-B lawyer only making that appearance. Where I am located the Court... View More

1 Answer | Asked in Contracts, Business Law and Small Claims for New York on
Q: I am suing a business in small claims form, who to serve ?

I am suing a business in small claims court, I searched the Department of State NY incorporation database and they have a lawyer contact for their LLC incorporation details - would that be the contact I list on the small claims form ?

Michael David Siegel
Michael David Siegel
answered on Apr 12, 2017

No. Serve the business where they really operate.

2 Answers | Asked in Civil Litigation, Health Care Law and Small Claims for New York on
Q: I want to sue a business (specialist medical practice) for a $4000 bill in the small claims court.

I want to sue a business (specialist medical practice) for a $4000 bill in the small claims court. The claim is that they charged me for services that were not requested through referral from the primary doctor. Do I have a case?

Michael David Siegel
Michael David Siegel
answered on Apr 12, 2017

It depends on the paperwork you signed when you were treated.

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1 Answer | Asked in Small Claims for New York on
Q: I won a default judgment in small claims and he won't pay. He says he's seeking a lawyer. Can he sue me back?

He was a contractor regerred by a friend so I trusted him and paid him ahead and he of course disappeared. After seeing my evidence the judge indicated that barring some extraordinary evidence from the defendant I would have won anyway.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 27, 2017

Sue you for what, for winning the case against him? See: https://www.nycourts.gov/courthelp/AfterCourt/collection.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,...
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1 Answer | Asked in Small Claims for New York on
Q: If I won a judgement in a small claims court and the defendant is 17 who will be responsible to pay? Him or his parent ?

Defendant owes me $800, I am 17 as well. How will I collect this judgement. I forgot to ask the arbitrator.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Mar 18, 2017

You can collect it from him… Although he may be able to appeal the judgment for lack of personal jurisdiction.

You can either pay a lawyer 10% of the judgment to do it for you, or you do the following:

Obtain a copy of the written judgment from the clerk of the court where you...
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1 Answer | Asked in Consumer Law, Internet Law and Small Claims for New York on
Q: Can I sue a guy in NY court who has two residences (FL and NY) over a rental fraud in FL done over the internet?

I am a resident of VA and over the New Year holidays I took my family to FL for a week. I arranged a rental via internet on a legitimate website. I was contacted by owner, signed the rental agreement and foolishly wired him money. He cancelled on me a week prior the vacation start date and refused... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Mar 18, 2017

You can probably sue him in New York small claims court because he has a residence in New York, and he is likely subject to the long arm jurisdiction statue in New York State.

The good thing about about shoeing in New York small claims court is that it is extraordinarily cheap, uses a...
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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Our landlord lied about the building's bed bug history in our signed lease - we found out too late. Can we do anything?

We found a bed bug in my roommate's room at the start of February. We had our second extermination treatment this week and since the initial siting, found out from our neighbor that she had bugs over the summer ('16) as did several other units in the building. When given the legally... View More

Michael David Siegel
Michael David Siegel
answered on Mar 1, 2017

You can use it to break your lease. If you want to stay, there is really no remedy as long as the exterminator comes.

1 Answer | Asked in Small Claims for New York on
Q: can I sue guest for property damage

Parent had guest over a dinner party guest damaged my personal computer and guests do not want to pay and insurance will not replace

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 21, 2017

You'll have to prove that the guest acted negligently, at least, and/or that the guest lacked permission to use the computer. Small claims court may be the right place for that suit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Small Claims and Consumer Law for New York on
Q: If I dispute a charge for a defective product, and the manufacturer fails to respond, do they still have legal recourse?

I purchased a desktop computer from Lenovo last April for 900. They tried but failed to fix an important defect. The return period lapsed. I disputed the charge. They did not respond. After 3 – 4 months, the charge-back became permanent. They now want a check in the entire amount. I still... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Is the product defective? You can consider returning the product to them as a defect, if applicable. Then if they decide to sue you, you can defend yourself by claiming that the product was defective and submitting proof to that effect. More details are necessary to provide a professional analysis... View More

1 Answer | Asked in Small Claims for New York on
Q: Can i take a person to small claim court who in jail or should i wait until they get out.

Also is there a time limit to take someone to small claim court

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

You can file a case in small claims court and serve the person while they're in jail. Statutes of limitations affect all types of cases, even small claims. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More

1 Answer | Asked in Small Claims for New York on
Q: I subpoenaed an individual to have an order of examination done; they fail to show up, can I have them arrested?

This is in regard to a small claims case. Would I able to petition the court for a bench warrant?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

A motion for contempt is appropriate. 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 CA, NY, MA, and DC in the following... View More

1 Answer | Asked in Small Claims for New York on
Q: I just got a certified letter in the mail. Someone is trying to take me to small claims court but on the claim they put

has the wrong last name..thus not being me at all. Do I still have to appear?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

It's best to appear and be prepared, as it sounds like you're the one being sued. A name typo doesn't change the underlying facts and claims. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: I need to know who to put as plaintiff(s) and defendant(s) for a NYS small claim.

I want to file a small claim in NYS against my old landlord for the security deposit. My mom had paid the security deposit via check written out to the landlord's realtor. Who should the plaintiff(s) be for this small claim? Who should the defendant(s) be? Thank you.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

If you were the tenant, presumably you're the plaintiff and the landlord is the defendant. It depends on all the facts. 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... View More

1 Answer | Asked in Small Claims and Contracts for New York on
Q: I have a client that wants a refund the amount is 3500 dollars. Will I go to small claims court? Or a different court?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

Small claims court may work for you. 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 CA, NY, MA, and DC in the following areas... View More

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: I live in NY, can i sue a hotel in Mexico that does business through expedia in small claims court?

My wife fractured her pelvis a week before our reservation and we were hospitalized for a whole week and released the night before our reservation. Even with a doctors note and hospital records, the hotel does not want to refund us our money because the ticket is "nonrefundable." The... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

Have a lawyer review the agreement and facts, but typically non-refundable means just that (without having to list every reason why you might want a refund). The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More

1 Answer | Asked in Animal / Dog Law, Contracts and Small Claims for New York on
Q: We had an agreement for 2 dogs to stay together, if not they were to be returned. New owners broke agreement and refuse.

The agreement was if for any reason they couldn't keep both pups, they were to both be returned, they couldn't be sold or rehomed to anyone else. 3 days later they only wanted to return one and had the pup posted online for sale. They refuse to give them back now. What can I do. I have... View More

Michael David Siegel
Michael David Siegel
answered on Feb 3, 2017

Small claims courts are empowered only to enter money judgments. They cannot compel anything. While a settlement can be for what you want, the court cannot order it.

1 Answer | Asked in Small Claims for New York on
Q: i need an probono attorney in Los Angeles County, help me please

hi there, i need help and i really dont know what to do in this matter, i have been harrased by the individual from California, she and I had short time relationship, i reside in New York and she resides in California, due to her behavior the whole nonsence has started.I do personal training... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

You can file for a restraining order in NY or CA. 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 CA, NY, MA, and DC in the... View More

1 Answer | Asked in Civil Litigation, Small Claims and Contracts for New York on
Q: I agreed to store personal property at my apartment person now refuses to compensate. What are my options

Person agreed to give me a futon she originally offered to sell to me for $60, in exchange for storage space in my home just for a couple weeks. Weeks have now turned into months and individual admitted to giving futon away to a family member adding I may use her bed, as I had none. This individual... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

You can consider suing in small claims court as an option. 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 CA, NY, MA, and DC... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: Am I allowed to sue a former subletter in Southampton NY Small Clams court for unpaid Rent, bills, damaged goods?

They seem to think they don't have to pay because they were subletting

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

It depends on the facts and the terms of the sublease. 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 CA, NY, MA, and DC in... View More

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: I told a lottery agent that he owed me a dollar, he told me that he was not going to service me. Can I sue?

Got off of work played quick draw with other customers, the worker was telling the group that he knew where the next bomb was going to be, I told him that if he that, he should know that he still owed me a dollar. No screaming or arguing was involved, he said "since I owe you a dollar I am not... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

You might want to move on. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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