go to the site the rest wont fit here, I copied some for you
Guide to the Small Claims Court
Updated 8/10/00
How To Sue Go to Small Claims Court in either the borough where you live, or where the person or party you are suing (the defendant) lives or works.
Fill out an application and pay the clerk a small filing fee--individuals pay a small fee, while businesses pay a slightly higher fee--which covers the cost of preparing and sending a summons by certified mail to the defendant.
In the application, be sure you provide your name and address, the reason you are suing, and the amount you are suing to recover. Also include any provable expenses or losses incurred because of what happened to you, such as the cost of using taxis while your damaged car was being repaired.
Write the exact name and the home or business address of the defendant. The name of the person or business must be complete and correct. If the defendant does business under a trade name, such as 'Fizzie Appliances' or 'Fizzie's,' you will need to know its legal name, which might be 'Fizzie's Appliance Stores, Inc.' To obtain the real name, go to the office of the County Clerk in the borough where the business is conducted.
Preparing Your Case
You will need originals or copies of all relevant documentation, such as receipts, contracts, and canceled checks. You may wish to prove damages by bringing the damaged item to court, showing photographs of the item before and after the damage occurred, or submitting the report of a repair person. You may present witnesses as long as they have knowledge of the facts. Witnesses essential to your case may be subpoenaed if necessary.
The Trial
The case is heard by a judge, or, if all parties consent, by an arbitrator, who is a lawyer. If you choose an arbitrator, your case will be heard much sooner than with a judge and in an informal setting, rather than in a courtroom. You must understand that an arbitrator's decision is binding and may not be appealed. Proceedings are simple, each side having the opportunity to explain its position, produce witnesses and documentation.
The Judgment
The maximum amount you can sue for in Small Claims Court is $3,000.00.
If a judgment is awarded in your favor, you should try to contact the defendant to collect your judgment. If the defendant does not pay you, you should seek the assistance of a sheriff or city marshal located in the county in which the defendant lives or works. You must provide the sheriff/marshal with the information needed to locate assets (money or property) of the defendant, and the sheriff/marshal can then seize those assets to satisfy your judgment. The sheriff/marshal may request mileage and other fees before he or she seizes the assets. In many circumstances, these fees later can be added to the original judgment amount--which covers the cost of preparing and sending a summons by certified mail to the defendant.
Property which may be seized by an enforcement officer includes bank accounts, wages, houses or other real estate, automobiles, stocks and bonds. Upon satisfactory completion, you will receive a check from the sheriff's or marshal's office.
If the defendant owing the judgment is a Consumer Affairs (DCA) licensee, contact DCA's Consumer Services/Small Claims Collection Unit for help in getting the money owed you. DCA rules require all licensees to pay outstanding judgments within 30 days of their 'entry'--the date on which the Clerk of the Small Claims Court signs and files the judgment--but this rule applies only to activities regulated by DCA.
NYC Small Claims Courts
GENERAL INFORMATION PHONE NUMBER FOR ALL BOROUGHS: (212) 791-6000 Bronx County 851 Grand Concourse, Basement Bronx, NY 10451 (718) 590-2693 Clerk's hours: 9am-4:30pm Mon.-Fri.5:30pm-8:00pm Thu. (file claims only) Court convenes Rm B129: 6:00pm-12midnight, Mon.-Thu. Kings County (Brooklyn) 141 Livingston Street, Room 201 Brooklyn, NY 11201 (718) 643-7913 Clerk's hours: Mon.-Fri. 9am-4:30pm Thurs. extra hours: 5:30-7:30pm New York County (Manhattan) 111 Centre Street New York, NY 10013 (212) 374-5776 Clerk's hours: 9am-4:30pm Mon.-Wed., Fri.9am-8pm Thurs. Court convenes: 6:30pm Mon.-Thurs. Queens County 89-17 Supthin Boulevard Jamaica, NY 11435 (718) 262-7135 Clerk's hours: 9am-5pm Mon.-Fri. 6pm-9pm Thurs. Court convenes: 6:30pm Mon.-Thurs. Richmond County (Staten Island) 927 Castleton Avenue Staten Island, NY 10310 (718) 390-5421 Clerk's hours: 9am-5pm Mon.-Fri.5:30pm-8pm Thurs. Court convenes: 6:30pm Thurs.
Additional Help
Each borough has Court Dispute Referral Centers which provide information and referrals to mediators who will help you reach a mutual agreement without pursuing litigation. For further information, call (212) 791-6000.
Also, the New York State Unified Court System has a comprehensive brochure, A Guide to Small Claims Court, that explains the process and how to collect a judgment. This publication is available free at the Clerk's Office in each Small Claims Court.
If your Small Claims Court award is from a NYC DCA licensee, contact the DCA Consumer Services Division-Small Claims Collection Unit, 42 Broadway, 9th Floor, New York, NY 10004. To obtain a list of business categories DCA licenses, or send a self-addressed, stamped envelope, marked Business License Guide, to the address above.
For more information, call Tel-Consumer/Tel-Law, a tape library which enables the public to access legal and consumer issues, at (212) 487-3938 and press code #610 to hear the tape, Small Claims Procedure.
Samanthas Mom
Posted:
Member since
Re: I need HELP AGain! With Small claims COURT!
T- is everything okay? Or is this for your friend? and did you get my FM?
Ronnie&Theresa
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Re: I need HELP AGain! With Small claims COURT!
My friend.. Having Issues. Thanks.
Going to Mom's tonight....
She will have it and I have to translate it unless you speak Sicilian!!
Samanthas Mom
Posted:
Member since
Re: I need HELP AGain! With Small claims COURT!
I dont know sicilian so yes translate thanks again you can fax it to me I want to bake it soon
