HOW DO I START A SMALL CLAIMS CASE?

Screen Shot 2015-03-23 at 12.17.46 PMYou 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. Continue reading

WHO CAN USE SMALL CLAIMS COURT?

Screen Shot 2015-03-23 at 12.17.46 PMAnyone 18 years of age or over can sue in Small Claims Court. If you are younger than 18, your parent or guardian may sue on your behalf. Generally, corporations, partnerships, associations, or assignees cannot sue in Small Claims Court. They can, however, be sued in Small Claims Court. A corporation may authorize an attorney, officer, director, or employee of the corporation to appear on its behalf to defend an action.  The party who brings the suit in Small Claims Court is referred to as the “Claimant” or the “Plaintiff”. The party that is being sued is referred to as the “Defendant”.  If you are sued and you believe that someone else (a third party) is responsible for the claim, you may be able to bring that party into the lawsuit as a defendant. Contact the Small Claims Court for information about starting a “Third Party Action”. Continue reading

What is Small Claims Court?

The Small Claims Court is an informal court where individuals can sue for money only, up to $3,000 in Town or Village Courts, and $5,000 in City Courts, without a lawyer. If you have a claim for damages for more than $3,000/5,000 you cannot separate it into two or more claims to meet the $3,000/5,000 limit.

If you believe that a person or business damaged something you own, you may sue that person or business for the monetary amount of your damages. You cannot sue in Small Claims Court to force a person or business to perform a task, such as to fix a damaged item, or to fulfill a promise made in an advertisement. The court may not order the return of a personal item. Your lawsuit may be for money only. Continue reading

Traffic Tickets

I got a traffic ticket. Where do I go?

The name and address of the court is listed on the ticket with the date and time that the case will be heard in court.

What will happen if I do nothing about the ticket?

A warrant can be issued for your arrest and your license can be suspended.

What happens if I plead guilty?

A fine and mandatory surcharge can happen. Also, if the charge is a moving violation like speeding, red light, or stop sign, points will attach to the driver’s license that can make the driver’s auto insurance rates higher. Certain traffic infractions can result in a jail sentence of up to 15 days. Continue reading

Landlord Tenant Definitions

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action: a civil judicial proceeding whereby one party prosecutes another for a wrong done or for protection of a right or prevention of a wrong; requires service of process on adversary party or potentially adversary party

adjournment: a temporary postponement of the proceedings of a case until a specified future time

adjudicate: to hear or try and determine judicially

adversary: an opponent. The defendant is the plaintiff’s adversary

adult: a person over 18 years old

affiant: one who swears to an affidavit; deponent

affidavit: a sworn or affirmed statement made in writing and signed; if sworn, it is notarized Continue reading

Glossary of Divorce Legal Terms

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Abandonment: A reason for divorce. Abandonment occurs when one party has left the other for a continuous period of one year or more, without the party’s consent, and without justification (good cause).

Acknowledgment: A formal statement made in front of a notary public, who signs a document and confirms that the signature is authentic.

Action: A lawsuit taken to court.

Addendum: An additional document or phrase attached to the original document.

Adultery: A reason for divorce. Adultery is any sexual act, or deviate sexual act (as defined in the Penal Code), with another person at a time when that person has a living spouse. Continue reading

To start a divorce case, what legal requirements do I need to meet?

(1) Residency: Before a New York Court can give you a divorce, you need to show that you and/or your spouse have lived in New York State for a certain amount of time, without interruption, generally for one year.

(2) Grounds: You need to have grounds – a legally acceptable reason – to get divorced in New York. That means that you need to prove one of the grounds listed below:

  • Cruel and Inhuman treatment
  • Abandonment
  • Confinement in prison for 3 or more consecutive years
  • Adultery
  • Living separate and apart pursuant to a separation judgment or decree
  • Living separate and apart pursuant to a separation agreement
  • Irretrievable breakdown in the relationship for a period of at least 6 months (for divorce proceedings started on/after October 12, 2010)

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. #Divorce #Divocelegalreuirements

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