Lawyer for pursuing someone in small claims court (NY)
I filed a small claim through NYC since it had a higher amount that could be claimed than in NJ. I read through all the NYC small claims website info to determine where I could file. (I don't think you can file in NJ if the person lives and works in NY). I did it all by mail. The company I had an issue with had NJ and NY locations, so I could have filed in either.
You don't need a lawyer for small claims. I think it was ~$20 to file.
After the company rec'd the notice from the court, they finally paid me. We didn't go to court.
I'm re-reading that it was for work done in NJ... then it may need to be filed in NJ? I now can't recall if you file where the other person is located, or where work was done. But, I remember finding the answer on the small claims websites.
In N.J., the limit for value is $3,000. N.Y. may be higher but the point is that most lawyers will charge $800. just to show up at court, let alone draw up papers and so forth.
Do it yourself and hope for the best. The N.J. information on the court website tells you how to file the judgement if it is in your favor.
If the loss occurred in NJ, I would think you would sue in NJ...but a lawyer will likely cost more than any amount you can recover. Do they even let lawyers in small claims court?
Small claims is for low value cases. I know people that have won in small claims.
The documentation for small claims in NYC allows you to file a claim by mail against someone in one of the five boroughs, as long as you are not yourself in NYC. They do not say anything about where the loss was incurred. I am guessing (though IANAL) that it is up to the claimant whether to sue in NYC or where the loss occurred.
The amount is more than the maximum allowed by NJ small claims, but less than the maximum allowed by NYC small claims, so it makes sense to file in NYC.
Whether or not to use a lawyer is at the discretion of the claimant.
My abiding impression is that this process is intended to get the parties to settle once the paperwork is filed. Basically a cheap way of sending a legal letter. I imagine that if things go to trial, everything becomes much messier and potentially expensive. I can't imagine representing myself in a trial, even as a claimant.
Taylor said:....
I can't imagine representing myself in a trial, even as a claimant.
That sentence is understandable but discouraging. I represented myself or my employer on many occasions. It does produce anxiety. I overcome this by writing my arguments and presenting them to the judge. That way, I don't forget anything and I don't get "tongue tied."
I still remember the delicious feeling of victory when I won my NYC small claims court case over a freelance employer that refused to pay me in 1985.
They even garnished his checking account on my behalf! WORTH IT!
I may need to pursue someone through Small Claims court. They work in the Bronx but live in Yonkers. I'm not even sure if I should file suit in NJ or NY (it is for unpaid expenses for work done in NJ). Can anyone recommend a lawyer for this? I've heard Small Claims is where law suits go to die, anyone care to comment? I'm hoping a legal letter will be enough.