preliminary injunction in small claims?

[sduves]

What is the name of your state (only U.S. law)? NY
hi does anyone know if you can file a preliminary injunction in small claims, and if so, how to do so?
thanks!

 

[dcatz]

As a general proposition, Small Claims courts confine themselves to monetary damages, and your state’s SC statute seems to be in accord. SC courts generally don’t have authority to order equitable relief (which would include injunctions) or other remedies that require the court to retain jurisdiction over a case for possible future proceedings (other examples would be divorce or child custody cases – a preliminary injunction could be the precursor to a restraining order).

A SC judge may accomplish essentially the same thing by indicating that damages will be awarded if a party does or does not perform a particular act, and you don’t specify what it is that you’re trying to accomplish. However, it’s most prudent to simply work from the premise that there are no injunctions issuing from Small Claims.

 

[sduves]

Thanks for your response, I wanted a company to stop withholding money from an online account for no reason other than for what it seems to be punishing them for taking them to court. If a judge can order that some monetary damages be paid if they do this, that will be fine too if a real injunction is not done in small claims. Do you know if courts can do this?
Thanks

 

[dcatz]

Some company is withholding funds from an online account to punish itself for being taken to court?

And it's doing it legally? (Because, if it’s your account and money is being withheld illegally, you simply sue.)

OP – Please direct your questions to the entire forum. You’re not obliged to disclose anything, but I, for one, don’t understand the issues and can’t respond further.