The procedure for submitting a claim in Small Claims Court is rather straightforward. Prior to filing a lawsuit, you must identify the defendant and calculate the amount you are entitled. After that, you can serve the defendant with a notice of the claim and file a claim with the court. A court date will be scheduled after the defendant has the chance to answer.
The length of time it takes to resolve a lawsuit in New York can vary, but Small Claims Court proceedings are typically concluded in a matter of months. This is so because there is no jury trial in small claims court, which makes the procedure swift and effective. Instead, the case will be heard by a judge, who will then rule based on the evidence offered.
The court will render a judgment in your favor if you prevail in your case in small claims court. This does not, however, ensure that you will get the money you are owed. It can be difficult and time-consuming to collect on a judgment. To collect on the judgment, you might need to pursue further legal action, such wage garnishment or property liens.
In conclusion, Small Claims Court is a helpful resource for people seeking to settle disputes with little or no financial stake. The maximum amount that can be filed in New York’s Small Claims Court is $5,000. Claim filing is a fairly simple process, and most disputes are settled in a few months. However, it can be challenging to collect on a judgment, and further legal action might be required to get the money you’re entitled.