The 2-Minute Rule for small claims court staten island
With court budgets Slash in some 30 states, small-claims courts are already Among the many minimum famous casualties.
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In reality, the only floor for appealing a small claims court choice of the decide is always that "substantial justice hasn't been finished involving the parties based on the guidelines and ideas of substantive law" [NYCCCA §1807].
If you're suing a person, you need to file the situation during the County in which they live. In the event the defendant lives in Richmond County, you are able to file the situation Within this County. In case you are suing a corporation, you have to file your case in the County the place the registered agent for services of process is found. To locate the registered agent, Make contact with the Organizations Division with the Secretary of Condition possibly on line or at 404-656-2817. For anyone who is suing an unincorporated company, you must file the situation exactly where the small business is bodily located. In case the business enterprise is in Richmond County, you may file listed here. The plaintiff ought to also shell out a filing charge and that is submitted combined with the Preliminary paperwork (the sworn assertion).
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In the event the see of declare can't be served to the defendant inside of 4 months Once you filed your claim, your claim will likely be dismissed. When you study new information regarding the defendant’s location at a later date, you are able to file your declare yet again.
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During the function the mediation won't resolve the assert, the case will continue for the Listening to. The court will likely enable the plaintiff and defendant to dilemma or dispute one another’s evidence in the course of the hearing. When each (or all events) are done presenting proof, the decide will issue a call. The choose may possibly award damages to the plaintiff, defendant, or both depending on the facts of the situation. If your plaintiff fails to appear with the hearing, the court may well:
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To request a transcript of one's court Listening to if notes ended up taken by a court reporter. You'll need the day of your hearing as well as title with the judge. Small/Commercial Claims Clerk’s Office