By Mark Warda, James Rogers
Submitting a small claims case helps you to have the court docket be sure your criminal rights in situations of as much as $3,000. Designed to be extra basic and 'do-it-yourself' than common proceedings, small claims court docket can nonetheless be very complex until you recognize the method and language of the courts. the right way to Win in Small Claims court docket in ny simplifies and carefully explains every little thing you must be aware of to effectively deal with your personal small claims case, no matter if you're the plaintiff or defendant.Complete with court docket terminology, step by step directions and the varieties you wish, this booklet makes submitting or protecting matches in small claims courtroom reasonably cheap and hassle-free.This publication explains in uncomplicated language:Whether you have got a legitimate caseHow to dossier your caseArguing your caseDefending your caseSettling your caseCountersuingRules of evidenceUsing specialist witnessesFollowing principles of evidenceCollecting your judgmentGarnishing wages
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Extra info for How to Win in Small Claims Court in New York, 2E (Legal Survival Guides)
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POSSIBLE DEFENSES Before you file a case, you should consider whether the defendant has any valid defenses or a counterclaim against you. You should review Chapter 4 of this book to see if your claim could be barred by a legal rule. Consider any claims a defendant may be able to make against you. Occasionally, a person filing a small claim ends up losing a lot more than he or she was suing for. DISCLOSURE Disclosure is the term used when one party (the moving party) asks the court to compel the opposing party to make available the information that the moving party needs to prepare for the case.
If your plaintiff is such a corporation, then you should check with the Secretary of State to determine if the corporation has obtained authorization to do business in New York. You can call the Secretary of State in Albany at 518-4740050 to check on the corporation’s status. You can also write to the Secretary of State and make up to five free inquiries regarding the status of any corporation (there is a $5 fee for each additional inquiry) at the following address: CORPORATIONS New York State Department of State Divisions of Corporations 41 State Street, 2nd Floor Albany, New York 12231 If your foreign corporation does not have authorization to conduct business in New York, it cannot maintain an action against you, and you should ask that any lawsuit by the corporation be dismissed on this basis.
34 DEFENDING YOURSELF 4 If you are sued in small claims court, you should read all of the documents carefully to find out where you are to appear in court and what exactly you are being sued for. You should also read through this chapter because it deals with the types of defenses that might apply to your particular situation. If a particular defense applies to you, you should argue this defense when the time comes for you to appear in court. If you know the claim is true, you should contact the other party and try to settle the matter.