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What is the time limit.... NY

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J

jhi646

Guest
What is the name of your state?What is the name of your state?New York
what is the time limit when a small claims court gives you an adjourned without prejudice to refile???
 


You Are Guilty

Senior Member
jhi646 said:
What is the name of your state?What is the name of your state?New York
what is the time limit when a small claims court gives you an adjourned without prejudice to refile???
Other than the applicable Statute of Limitations, typically none.
 

JETX

Senior Member
jhi646 said:
what is the time limit when a small claims court gives you an adjourned without prejudice to refile???
If your original filing has been dismissed, your 'time limit' is set by the original SOL on the cause of action.
 
J

jhi646

Guest
reply

ok so what does this mean? i am not familiar with the court system.
i was suing my employer for not paying my commissions/breach of contract.
the judge said the amount was too big for me to pursue in court at that time, and told me to go downstairs to civil court.
then he dismissed it, he said i could refile again, but i wanted to know if its a year or less?
i am confused. :confused:
 

JETX

Senior Member
jhi646 said:
but i wanted to know if its a year or less?
The SOL (Statute of Limitations) is set by the type of claim you are making. For example, if the breached contract is verbal, then the SOL in NY would be 6 yrs. That happens to be the same for a written contract.
So, if your claim is less than 6 years old, you can still file a lawsuit in any competent court. However, if your claim is older than 6 years, it would be invalid as the SOL would have 'tolled'.
 

You Are Guilty

Senior Member
jhi646 said:
ok so what does this mean? i am not familiar with the court system.
i was suing my employer for not paying my commissions/breach of contract.
the judge said the amount was too big for me to pursue in court at that time, and told me to go downstairs to civil court.
then he dismissed it, he said i could refile again, but i wanted to know if its a year or less?
i am confused. :confused:
It means you were asking for more money than the court was authorized to give. You can't sue for more than $3,000 in small claims. Civil Court hears all cases from $3,000 - $25,000 (with one exception which isn't important now).

If you want to sue for more than $3k, you need to go to the Civil Court clerk and ask how you can file a lawsuit in Civil Court. They will walk you through it.

Be forewarned, Civil Court, unlike Small Claims, although "friendly" to those without lawyers, is still a "real" court, where there are very specific rules of evidence and procedure which, if not followed, will cost you the case even if you "deserve" to win. So be careful.
 

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