You or, if you suffer from an illness or infirmity, someone on your behalf, must go to the Small Claims Court to file a statement of your claim. The court will provide the necessary forms. The statement should be brief. It should include a description of the incident that is the basis for your claim, including all important names and dates. If you are suing over a contract or for property damage, you may claim interest as well as damages. In a Town or Village Court, if your claim is $1,000 or less, you will be required to pay a $10 filing fee. If your claim is for more than $1,000, you will be required to pay a $15 filing fee. In a City Court, if your claim is $1,000 or less, you will be required to pay a $15 filing fee. If your claim is for more than $1,000, you will be required to pay a $20 filing fee. The fees are payable at the time of filing.
The clerk will provide the date and time of the small claims hearing. The clerk will “serve” the notice of claim by mailing it to the defendant. The notice informs the defendant when and whereto appear for the hearing, and gives the reason for the claim and the amount of the claim. The notice will be mailed to the defendant by certified mail and by ordinary first-class mail. If the notice sent by first-class mail is not returned by the post office within 21 days as undeliverable, the defendant is deemed to be served, even if the notice sent by certified mail has not been delivered.
If the post office cannot deliver the notice of your claim (for example, the defendant may have moved without leaving a forwarding address), and you believe that the defendant remains within the jurisdiction of the court, the court will give you a new hearing date and may instruct you to hire a process server for personal delivery of the notice to the defendant.
The hearing cannot take place until the defendant has been served with the notice of claim.
If the notice of claim cannot be served on the defendant within four months after the claim has been filed, the claim will be dismissed. However, if you learn new information about the defendant’s location at a later date, you can file your claim again.
For more information serving legal papers visit www.undisputedlegal.com or call 1.800.774.6922 for a free quote. Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact undisputedlegal.com #SmallClaims #ProcessServer
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