What must I do first if I have been wronged and would like to sue?

• This guide only applies to cases where the defendant lives, works or does business in New York City, Nassau or Suffolk Counties.

• For small claims you must:

• Be an individual who is 18 or older*

• Fill out a court form that explains your claim

• Pay a court fee ($15 – $20)

• You or someone else may start your case by filling out a court form. You may file by mail if you have a small claims case in Nassau County and Western Suffolk County or if you live outside New York City and you want to sue a party within New York City.The form describes your claim to the Court.

Where do I sue?

• New York City: http://www.nycourts.gov/courts/nyc/civil/forms/CIV-SC-50.pdf

• Nassau County: http://www.nycourts.gov/courts/10jd/nassau/pdf/District/SmallClaimsComplaintnew.pdf

• Western Suffolk County: http://www.nycourts.gov/courts/10jd/suffolk/dist/pdf/DC283web.pdf

How much does it cost to file a claim? Can I be compensated?

The fee for claims up to $1,000 is $15 and for claims over $1,000, the fee is $20.

I just won my case—how do I collect payment?

To collect payment, contact the judgment debtor via a phone call or written communication and ask for payment or contact an enforcement officer. To find about their property and assets, you can fill out an information subpoena and send it to the judgment debtor along with any other individuals who might know about their assets, including employers, landlords, banks, and utility companies.

Can I sue someone who lives out of New York State?

• You can sue someone who lives, works, or has a place of business in any of New York State’s counties. However, if an individual does not have any connection to New York State, you cannot sue them in any New York Small Claims Court.

• For instance, if an individual lives, work, or has a place of business in New York City, you can use the Small Claims Court in the county where you live or where the defendant lives, works, or has a place of business.

What should I say in court?

• Once you have found your Courtroom from the Small Claims Court calendar, your name and case will be called. At this point, you should stand up and say your name. Then say “Ready” or “Application” if you want to postpone your trial or make another request. Once both parties are ready, your trial will begin. When called to the stand, you swear the oath to tell the truth. You will then tell your side of the story and share your evidence. The defendant or the Court may then ask you questions. Finally, your time on the stand will end. When the defendant takes the stand and tells their story, you will be permitted to ask questions. During this time, you may ask the Court to question the defendant about their name or assets.

I have just been sued—do I show up in court?

• Yes, you should appear.

• If you, the defendant, are not in Court when the case is called, the Court will hear your case if the claimant is present. If the claimant shows enough convincing evidence, they may win the case. If this happens, you can ask the Small Claims Court Clerk for instructions to reopen the case.

• Your case may also be dismissed or postponed if the claimant also does not show up

  https://nycourts.gov/COURTS/nyc/smallclaims/pdfs/smallclaims.pdf

I am a Columbia undergraduate who is interested in volunteering! How do I get involved?

We have training sessions of several weeks followed by an exam at the start of both the Fall & Spring semesters. Feel free to email newyorksmallclaims@columbia.edu if you would like to receive recruitment information.