STEP TWO: Filing a Claim in Small Claims Court

claimant - party who files the suit (also called the "plaintiff" in higher courts)
defendant - party against whom the suit is filed

Individuals must be at least 18 years old to bring cases in Small Claims Court. If the claimant is under the age of 18, a parent or legal guardian should file and appear on behalf of the minor involved in the claim. Claimants can file claims in Small Claims Court against other individuals who are at least 18 years old, businesses, associations or municipalities. Claims must be for money damages only to recover money or the value of something that is lost or damaged.

In Small Claims Court, a claimant can sue for up to $3000. Claimants can file only in the city, county, town or village where the prospective defendant lives, works or has a place of business. In the case of suing a landlord, the location of a landlord's rental property alone does not satisfy the above" lives works, or place of business" criteria.

The claimant should file the claim as soon as possible after efforts to settle out of court have not been fruitful. The statute of limitations varies with the type of action that is involved in a claim. The shortest statute of limitations in New York State is one year. A transaction or incident which occurred more than one year ago, might mean a statute of limitations problem and claimants should file such case immediately.

Claimants must file their claims in person with the Small Claims Court clerk's office. If a claimant resides outside of the area of the court in question and cannot come into the city, village, town, or county to file and then pursue the claim, a relative can file for the claimant and represent the claimant during the hearing. A friend may also file and appear in place of the claimant, but may only be able to adjourn the hearing to a later date - not to represent the claimant. Claimants who reside out of New York State or who provide proof of disability may be eligible for filing their Small Claims by mail. If this is the case the claimant should contact the court by mail and request a Statement of Claim.

At the court the claimant should fill out a simple form called a Statement of the Claim and pay a filing fee - $10 for claims up to $1000 and $15 for claims between $1000.01 and $3000. Claimants should pick up the Guide to Small Claims Court and Stipulation of Settlement and Affidavit upon Default form when they file their small claim. Also, if the claimant will require an interpreter for their court date, they should request one when they file their claim.

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