small claims court

Question 1

What do you say if someone else answers the phone?

Answer 1

1.Confirm you dialed the right number
2. Ask to speak with the person who left the message.
3. If the person who left a message is not there, say they just left a voicemail asking for some consumer information.

Question 1

How do you respond to “Do I need a lawyer?”

Answer 1

• You do not need a lawyer, but you can try and retain one.
• Small claims court is simplified so regular people can represent themselves.
• It can be difficult to find a lawyer: small claims court money is not worth a lawyer’s time, and they usually charge fees so high it is not worth your time either
• Do not be intimidated, the key to a strong case is organization and preparation.

Question 2

Can a friend or family member represent someone in small claims court?

Answer 2

Yes, just make sure to ask the clerk for permission while filing the case.

Question 3

How do you respond to “Do I have a good case?”

Answer 3

You cannot answer this kind of question, because you are not a lawyer and cannot give legal advice. You can provide the phone number for a free/$35 30 minute consultation with a private lawyer if the caller is interested.

Question 4

How do you respond to “How long do I have to file the case after the incident occurs?”

Answer 4

This information is also legal advice. Reference the Statute of Limitations but in general, file as soon as possible.

Question 5

What is the maximum amount of money you can sue for in small claims court?

Answer 5

$10,000 (any more is either civil or supreme court)

Question 6

What should be done before taking a case to small claims court?

Answer 6

Writing a complaint letter

Question 7

What should a complaint letter include?

Answer 7

1. Facts
2. What resolution they want
3. Threat of future action

Question 8

Where can a claimant file if both the claimant and defendant live in NYC?

Answer 8

In any of the 5 boroughs

Question 9

Where can a claimant file if the claimant lives outside of NYC, but the defendant lives in NYC?

Answer 9

The defendant’s county

Question 10

Where can a claimant file if the claimant and defendant live outside of NYC?

Answer 10

The defendant’s county

Question 11

What’s the maximum amount of money you can sue for in a city court?

Answer 11

$5,000

Counties are Nassau or Suffolk (long island)

Question 12

What’s the maximum amount of money you can sue for in a town/village court?

Answer 12

$3,000

Question 13

What must be completed if the caller wants to sue a town or city?

Answer 13

The caller must file a Notice of Claim within 90 days of the incident

Question 14

What can count as the defendant’s address?

Answer 14

1. Place where they live
2. Place where they work
3. Place of business

Question 15

What can count as the defendant’s name?

Answer 15

1. Legal name (preferred)
2. Name under which they conduct business
3. Name the complainant knows them by

Question 16

How will the claimant get notice of the hearing date?

Answer 16

By mail

Question 17

How long will each person have to speak in court?

Answer 17

Only a few minutes (be precise + clear!)

Question 18

Can you force others to produce documents helpful to your case?

Answer 18

Yes, this is a subpoena. You should talk to the clerk to send one out.

Question 19

Can you bring witnesses?

Answer 19

Yes, but notify the court ahead of the hearing date

Question 20

What is mediation?

Answer 20

Mediation is when a volunteer helps parties reach a resolution. It is not mandatory and parties can go straight to a judge.

Question 21

What is arbitration?

Answer 21

Arbitration takes place in front of an abitrator (a lawyer) - decisions are binding and cannot be appealed

Question 22

Advice for defendants

Answer 22

1. Make sure you know the date of the hearing and show up on time.
2. Prepare your story and to counter the claimant’s rebuttals
3. Bring as much documentary evidence as possible.

Question 23

Can a defendant sue a claimant?

Answer 23

Yes. This is called a counterclaim and you must fill it out with the clerk way in advance of the hearing date

Question 24

What do you receive after the court case?

Answer 24

A judgement - a court paper that allows you to try and force the other party to pay you what you owed

Question 25

What should you do if you won the case but the person/business is still not paying?

Answer 25

1. Send a letter explaining you have a judgement + requesting payment.
   2a. Hire a sheriff of marshall to “execute” the judgement for you
   2b. If you know their bank account, you can freeze it and collect money from there. If you know their wage income on the books, you can garnish their wages.
2. Serve the debtor with an information subpoena with a clerk’s signature (more in the handbook)

Question 26

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Where should you direct a client who has an issue we cannot assist with?

Answer 26

Private lawyer

Question 27

Where should you direct a defendant who is in a court other than Small Claims Court?

Answer 27

Non-Profit Legal Service Providers

Question 28

What should a claimant do if they need consumer protection?

Answer 28

File a complaint to a consumer protection government agency instead of/in addition to SCC

Question 29

What should you do if the caller is experiencing domestic violence?

Answer 29

Hotline for NYC Family Justice Center

Question 30

What should you do for a caller who lost their case and wants to try again?

Answer 30

Advise them to speak with a lawyer or send them appeal filing resources