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Venue for small claims

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NYDST5611

Junior Member
What is the name of your state? NY
Issue occurred in county of attending college. Can I file in the county of my residence or does it have to be in the county where the college is located? It's an apartment issue - 'course the apt is located in the college county. Thanks
 


BL

Senior Member
HOW DO I START A SMALL CLAIMS CASE?

You or someone on your behalf, must come to the Small Claims Court to file a statement of your claim.

You should be prepared to give a brief statement of the facts that form the basis of your claim. Check any documents relating to your case for the relevant dates and names. If you are suing on a contract or for property damage, you may claim interest as well as damages. You must sue in a court having Small Claims Part in an area where the defendant lives or works or has a place of business.
 

justalayman

Senior Member
Small Claims Guide
• What it is
• Try to settle
• Q&A
• Be prepared
• If you win
• State-by-state guide


In New York City, Small Claims cases are heard in City Civil Court; in Nassau and Suffolk Counties in District Court, except 1st District; in other cities in City Court. In rural areas, cases are heard in Justice Court.

Statues: Consolidated Laws of New York Annotated, Uniform Civil Court Act, Article 18, Section 01-15, Article 18-A, Section 01- 14 (commercial claims); Uniform District Court Act, Article 18, Sections 01-15; Uniform Justice Court Act, Article 18, Sections 01-15; N.Y.C. Civil Court Act, Article 18, Section 01-15, Article 18-A, Sections 01-14 (commercial claims). Uniform Civil Rules for the New York City Civil Court, Part 208, Section 41 and Part 208, Section 41- A; Uniform Civil Rules for the City Courts Outside the City of New York, Part 210, Section 41 and Section 41 Part 212-A, Section 41; Uniform Civil Rules for the Justice Courts, Part 214, Section 10.
Dollar Limit:: $3,000. Where To Sue: Where defendant resides, is employed or maintains a business office.

http://www.consumeraffairs.com/consumerism/small_ny.html

It would seem that New York has specific rules if it has to do with NYC or Naussau or Suffolk counties. Google "New York" and then refine with "small claims court". You will get more info than you can use.
 

badapple40

Senior Member
Since neither of them answered your question and instead posted general information (for what purpose, I can only guess):

venue most likely lies in the county where you attended school. That is the situs of the dispute.
 

BL

Senior Member
badapple40 said:
Since neither of them answered your question and instead posted general information (for what purpose, I can only guess):

venue most likely lies in the county where you attended school. That is the situs of the dispute.
By OP

It's an apartment issue - 'course the apt is located in the college county. Thanks
You must sue in a court having Small Claims Part in an area where the defendant lives or works or has a place of business.
by BL

venue most likely lies in the county where you attended school. That is the situs of the dispute.
By badapple .

And for what purposes Might your reply be ?
 
Last edited:

justalayman

Senior Member
badapple40 said:
Since neither of them answered your question and instead posted general information (for what purpose, I can only guess):

venue most likely lies in the county where you attended school. That is the situs of the dispute.
Well since the OP did not give us the pertinent addresses I figured this statement would have to suffice:
Where To Sue: Where defendant resides, is employed or maintains a business office.
which BL did give first but after a bit of research I saw that NY has specific rules for NYC as well as the 2 counties I noted. I posted because of the possibilities the OP did not post but did give him/her a direction that he could go if any of those situations pertained to him.

Now if you look at your response take note that even you posted this gem of wisdom:
venue most likely lies in the county where you attended school
So be so kind as to let us know how and why your post is any more correct or informative than either BL's or mine.
 

You Are Guilty

Senior Member
Small claims is no different than any other court, venue-wise.

A claimant must begin the lawsuit in the proper county. In general, a claimant can sue in the county where either party resides. If no party resides within the City, the action can be brought in the county where either party has employment or transacts business. If the defendant does not have residence, employment, or transacts business within the City of New York, you cannot bring the lawsuit in the Small Claims Court.
http://www.courts.state.ny.us/courts/nyc/smallclaims/startingcase.shtml#where
 

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