Provides important information on how electronic registration forms can be stored for acceptance by our e-filing system. To ask the court to dismiss your small claims application, file a motion to dismiss (Form CIV-110). Click here to learn more about dismissing a small claims case and for instructions. If a witness who is not an expert witness does not testify voluntarily, you can send them a subpoena and testify in court. For more information, click Subpoenas. A plaintiff must file a lawsuit in the correct district. In general, a plaintiff can bring an action in the county where one of the parties resides. If neither party resides in the city, the action may be brought in the district where one of the parties has a business or business address. If the defendant does not have a domicile, employment, or business address in New York, you cannot bring the action in Small Claims Court. To find the location in your country, click Locations. Currently, the court system does not offer electronic filing for small claims cases. Please check again for updates.
In some local courts, when you file your lawsuit (Form SC-100), you will also receive a local form titled “Declaration of Military Status/Request for Release.” You can use this form to indicate which defendants you no longer wish to sue or to dismiss the entire case. This small claims form must be filed with the claim for all claims arising in the course of the plaintiff`s business or for assigned claims. Use separate forms for multiple defendants if they have different addresses. To be used only in electronic filing. NOTE: All California dishes use the same basic shapes. But some dishes also have local forms. To find out if you need special local forms, contact your clerk or visit your court`s website. Forms can be published on their website. If not, the website will provide the address and phone number of your local courthouse.
Some courts also require a form called a “Statement of Claimant to Court Clerk.” To obtain this form, you can: If the post office is unable to deliver notice of your application (for example, if the defendant moved without leaving a forwarding address), the court clerk will give you a new hearing date and tell you how to arrange personal service of the notice on the defendant. Any person who is not a party to the small claim and who is 18 years of age or older may personally deliver the declaration to the defendant. The plaintiff or any other party to the proceedings may not serve the claim personally on the defendant. The following is an example of the form used to initiate the small claims procedure. You will need to obtain an original multi-part form from a local courthouse. This form is also available in Chinese, Haitian Creole, Khmer, Portuguese, Russian and Vietnamese. To bring an action in Small Claims Court, a person or person acting on their behalf must go to the office of the Small Claims Court Clerk in the appropriate district and complete a Statement of Application. To find out where the clerk`s office is located in your district, click Locations.
To find out when the Small Claims Court Clerk`s office is open, click on Hours of Operation. You can also use an external service to complete your Statement of Claim and file it electronically with the court. If you want to start your file this way, click on E-Filing. If you are under 18, you will need a guardian to sue you in Small Claims Court. Inform the Registrar that you need an application and order for the appointment of a guardian ad Litem – Civil (Form CIV-010). The person completing the claim statement must be able to explain the reason for the claim, know the amount of the claim, and have the correct name and address, including postal code, of the person or company being sued. If you are not sure of the correct name of the corporation, you should go to the county clerk`s office where the corporation is located and look for the certificate of business activity, photocopy the certificate and take it to court. The person completing the claim statement must be able to explain the reason for the claim, know the amount of the claim, and have the correct name and address, including postal code, of the person or company being sued. If you are not sure of the correct name of the corporation, you should go to the county clerk`s office where the corporation is located and look for the certificate of business activity, photocopy the certificate and take it to court.
View and print the Small Claims Form. Note: The easiest way to file a small claim is to use the Small Claims and Filing Guide. This program helps you fill out the forms to submit a small claim by asking questions that you can answer in plain language. He will not give you legal advice. Once you have completed the interview, the program will generate completed forms that you can submit electronically to the appropriate court. You must pay court fees to file your application. If your claim is up to $1,000.00, you will have to pay a fee of $15.00. If your claim is greater than $1,000.00 and up to $10,000.00, a $20.00 fee will apply. Fees must be paid in cash, by certified cheque, money order or bank cheque, issued to the registry of the civil court. Personal cheques are not accepted.
Once your claim is filed, the Small Claims Court Clerk will serve notice of your claim by sending it to the defendant. The statement tells the defendant when they must appear in Small Claims Court and contains a brief explanation of your claim and the amount of money you are claiming. You must also prepare any witnesses you wish to testify at the hearing in support of your claim or defence. The testimony of someone who has special or specialized knowledge and experience regarding the subject matter of your claim may be necessary for you to prove your case. For example, if your claim is about the quality of medical care, you need to find a doctor who is willing to give notice to the court about the quality of care you are receiving. While you can find an expert witness to testify for free for you, you`re more likely to have to pay for expert testimony. The defendant may file a counterclaim. For more information about this procedure, click Counterclaims. A small claims matter will not go to court until the defendant receives notice of your claim. Forms can be filled out on the computer. Use the mouse or Tab key on your keyboard to place the cursor where you want to enter information.
When you are finished, you can print your completed form. Or you can print a blank form and fill it out by hand. The form cannot be submitted electronically. If you live outside of New York City and want to sue a party in New York City, you can submit your claim by mail. Contact the Small Claims Court Clerk in the county where the defendant lives, works or has a place of business to obtain the required form. The case officer will give you a date for the hearing. The Small Claims Court hearing is usually held at 6:30 p.m. If you are an elderly citizen, a person with a disability or a person who works evenings, you can request that your small claims hearing be heard during the day. You or the person acting on your behalf must provide proof of age, disability or night employment. Proof can take the form of a letter from your workplace or doctor, a driver`s license with your date of birth, or other similar documents.
If the application cannot be served on the defendant within 4 months of filing your application, your application will be rejected. If you receive new information about the defendant`s location at a later date, you can file your application again. Small Claims or Business Claim Instructions (CIV-SC-66) (only for non-New York City residents suing New York City residents) Small Claims Declaration (CIV-SC-50) Letter of Claim (UCS-124) (for a consumer credit transaction) Statement of Receivables (Trade Receivables) (CIV-SC-70) Instructions for Suing New York City, New York State, United States of America (CIV-SC-25). In general, where to start the case, electronic filing informs the defendant of the preparation of the EJ-155 court. Also look at the current dollar amounts of exemptions from the enforcement of judgments, a list of current dollar amounts of exemptions from enforcement of judgments.