Can you sue for pain and suffering in Small Claims Court in New York?

• Damage caused to automobiles, other personal property, real property or person.
• Failure to provide proper repairs, services, merchandise, or goods.
• Failure to return security, property, a deposit, or money loaned.

Can you sue for emotional distress in small claims court New York?

Suing for infliction of emotional distress is possible in most US states, including New York. Two types of claims are possible: Intentional infliction of emotional distress; and. Negligent infliction of emotional distress.

How much money can you sue someone for in the civil court of New York?

Some courts can only decide cases up to a certain amount of money. For example, the Civil Court of the City of New York can only decide cases up to $50,000. While Supreme Courts can decide cases suing for an unlimited amount of money.

What happens if defendant doesn t show up in Small Claims Court in ny?

If you or someone else on your behalf cannot come to Court on the trial date, the Court will read your letter, but may not postpone the case and your case may be dismissed. If you are the defendant, the Court may hear your case even if you are not there. If this happens, the claimant may get a judgment against you.

How do I file a counterclaim in Small Claims Court in NY?

COUNTERCLAIMS. If you have been named as a defendant in a Small Claims matter and have a claim against the Claimant, you may bring a "Counterclaim" as part of the lawsuit, for money only. You should file your own Small Claims Application with the Court with the filing fee of $5.00, plus postage.

Can I Appeal a Small Claims Court decision in NY?

Depending on the method of service of the Notice of Judgement on the parties you have either thirty (30) days or thirty-five (35) days from the date of entry of the judgement to file a Notice of Appeal with the City Court.

What are punitive damages in NY?

In New York, there are no specific rules on the level of punitive damages available. In general, neither a punitive damage nor non-economic damage award in New York is capped. This means there is no limit to the amount of punitive or non-economic damages that can be awarded in a specific case.

Is there a price limitation for how low you can sue someone in Small Claims Court near Philadelphia PA?

The claim must be under $12,000.00 plus interest to be brought in the Magisterial District Court.

What is the limit for Small Claims Court in Nassau County?

A Small Claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is less than $5,000, excluding costs, interest, and attorney fees.

How long after an injury can you sue in New York?

The statute of limitations is different for every type of lawsuit, but the personal injury statute of limitations in New York is generally 3 years from the date you were injured or the date you were diagnosed with the injury.

What is New York small claims statute?

The term "small claim" or "small claims" as used in this act shall mean and include any cause of action for money only not in excess of ten thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbitration award rendered pursuant to part 137 of the rules of the chief ...

What are the damages for filing a False Claims Act in New York?

NY False Claims Act (State Finance Law, §§187-194)

The penalty for filing a false claim is $6,000 -$12,000 per claim and the recoverable damages are between two and three times the value of the amount falsely received. In addition, the false claim filer may have to pay the government's legal fees.

Who usually files a counterclaim in a case?

Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages.

What is an example of a counterclaim?

Example 1:

Claim: Some people say that cell phones should be banned from schools, because they distract from learning. Counterclaim: Others say that students should be allowed to carry cell phones for emergency purposes. Rebuttal: There are plenty of other, less-disruptive ways for parents and students to communicate.

How long do you have to answer a counterclaim in NY?

CPLR 203(g). A reply to a counterclaim must be served within twenty (20) days of service of the pleading containing the counterclaim. CPLR 3011. Any counterclaim may be asserted in a responsive pleading or a separate action.

How do you get a judge to rule in your favor?

What do lawyers say in court when they don't agree?

When a lawyer says "objection" during court, he is telling the judge that he thinks his opponent violated a rule of procedure. The judge's ruling determines what the jury is allowed to consider when deciding the verdict of a case.

What does lack of personal jurisdiction mean?

Basically, it means that the court will be unable to control any of the proposed defendants that you are trying to bring into your lawsuit. That is why most lawyers rely on someone known as a “process server” in order to deliver the lawsuit papers.

What the most you can get in Small Claims Court?

In general, claims are limited to disputes up to $5,000. However, natural persons (individuals) can claim up to $10,000. Corporations, partnerships, unincorporated associations, governmental bodies, and other legal entities cannot claim more than $5,000.

Can someone sue you for more than you are worth?

What happens is that you work out a payment schedule with the claimant of the lawsuit, or the claimant can wait for you to have enough assets to pay him/her. Or, if your situation is too severe and you're basically penniless, you will be considered judgment proof or incapable of fulfilling the court's judgment.

What is the limit for Small Claims Court in Florida?

In Florida, a County Court now handles what was once called small claims court. By statute and court rules, a less formal and less complicated procedure is available for small claims, that is, claims of $8,000.00 or less.