The small claims court can now decide cases for up to $5000.00. Fortunately, you can afford a lawyer to represent you in the small claims court. Mr. Matthews represents people in Small Claims Court in Manhattan, Brooklyn, and Queens in addition to his Family Law and Matrimonial practice. He charges reasonable fees for this service, starting at $300 for a case which is heard by an arbitrator, and $350 (per court appearance) for a case heard by a judge. Fees are of necessity higher for cases which are especially complicated or involve multiple witnesses . Call for a free telephone consultation.
WHY YOU NEED AN EXPERIENCED TRIAL LAWYER
As assistant corporation counsel for the City of New York, Mr. Matthews tried close to a hundred Small Claims cases in addition to the many hundreds of cases he has tried in other Courts. If you are the plaintiff, he knows how to help you present your case in the best light for the judge. If you are the defendant he is a vigorous court room fighter and a skilled cross examiner. Mr. Matthews believes that in trial work there is no substitute for experience and that this principle applies in all courts, including the small claims court. Even lawyers usually do not start to get good at trial work until they have been trying cases for several years, so experience counts.
Cases can be brought for up to $5000. A defendant can also counterclaim for up to $5000. Claims can be made for money damages only. The Small Claims Court cannot award moneys for pain and suffering. The Court is supposed to follow the rules of evidence but is also supposed to do “substantial justice”. These two provisions may contradict each other and result in unpredictable or even illogical rulings. Certain legal but “unfair” defenses such as the Statute of Limitations defense and the “Pothole Law” (statute that requires plaintiff to show that the City of NY was given written notice of a sidewalk or roadway defect) are likely to be honored by the Court . Parties usually consent to have their case decided by an Arbitrator. Arbitrators are experienced attorneys who volunteer their services. Arbitrators may follow all, some, or none of the rules of evidence. If either party insists on having their case decided by a judge you may both have to come back to court several times until a judge is available. In New York City, Small Claims Court sessions generally are held during the evening, beginning at 6:30 p.m.
If the defendant resides or works or has a place of business in New York City,
you may file your small claim in either the Small Claims Court of the New York City Civil
Court located in the county where you live or in the Small Claims Court in the county
where the defendant resides or works or has a place of business.
EXAMPLES OF NY SMALL CLAIMS COURT CASES:
Landlord tenant disputes
Roommate disputes
Disputes with merchants
Disputes with neighbors
Disputes involving ownership of personal property
Failure to repay personal loan
Failure to properly fulfill a service contract
Personal Injury
Breech of contract or warranty.