What is the name of your state (only U.S. law)? NY
I recently went to file a Small Claims action in Buffalo, NY, for Breach of Contract and Fraud and was seeking damages (including punitive damages for the fraud).
At the court, the clerk takes your handwritten complaint and types it up and when she brought it back for me to sign there was no mention of my asking for punitive damages.
I questioned her about the deletion and her reply was "Our Small Claims Court is not an equity court, they do not award punitive damages. If you want to receive punitive damages you have to take your case to a higher court, where the filing fees would be much higher."
Could someone familiar with NYS law please tell me in plain english what "Our Small Claims Court is not an equity court, they do not award punitive damages" means?
Secondly, if I wanted to have Punitive Damages asked for in my complaint, what is the minimum level of court I would have to go to in Buffalo, NY (Erie County)? At that court would I need to be represented by counsel or could I proceed Pro se?
Thirdly, if I wanted to, could I withdraw my Small Claims Court case (it was filed yesterday) and refile my case at the higher court, or am I stuck?
Thanks to all who take the time to read this and respond!What is the name of your state (only U.S. law)?
I recently went to file a Small Claims action in Buffalo, NY, for Breach of Contract and Fraud and was seeking damages (including punitive damages for the fraud).
At the court, the clerk takes your handwritten complaint and types it up and when she brought it back for me to sign there was no mention of my asking for punitive damages.
I questioned her about the deletion and her reply was "Our Small Claims Court is not an equity court, they do not award punitive damages. If you want to receive punitive damages you have to take your case to a higher court, where the filing fees would be much higher."
Could someone familiar with NYS law please tell me in plain english what "Our Small Claims Court is not an equity court, they do not award punitive damages" means?
Secondly, if I wanted to have Punitive Damages asked for in my complaint, what is the minimum level of court I would have to go to in Buffalo, NY (Erie County)? At that court would I need to be represented by counsel or could I proceed Pro se?
Thirdly, if I wanted to, could I withdraw my Small Claims Court case (it was filed yesterday) and refile my case at the higher court, or am I stuck?
Thanks to all who take the time to read this and respond!What is the name of your state (only U.S. law)?