How to Win in Small Claims Court in New York

Explains everything you need to successfully handle your case in a New York small claims court

Using Self Help Law Books

ix

Introduction

xiii

Introduction to Small Claims Court

1

(4)

Types of Cases That Can Be Heard

Needing an Attorney

Where You Can Get Help

What You Can Recover

Before You Sue

5

(6)

Your Case

Proving Your Case

Your Time and Effort

Collecting If You Win

Before Filing Your Suit

Filing Your Case

11

(24)

Those Who May Sue

Who You Can Sue

Where to File Your Suit

Finding a Court

Fees

Beginning Your Case

Possible Claims (Lawsuits) and What You Must Prove

Possible Defenses

Disclosure

How Much You Should Ask For

Jury Trial

Defending Yourself

35

(14)

Notice of Claim

Your Defenses

Settling the Case

Asking for a Jury Trial

Countersuing

49

(2)

How to Countersue

Exceeding the Limit

Impleading Additional Defendants

Your Trial (Hearing)

51

(8)

Arbitration

Settling before Trial

Jury Trial

Trial

Preparation for Trial

Presenting Your Case

If Your Defendant Carries On a Business

Thinking About the Enforcement of Your Judgment

Rules of Evidence

59

(6)

Prima Facie Evidence

Witnesses

Expert Witnesses

Privileged Communications

Testimony Concerning Deceased or Mentally III People

Proof

Parol Evidence Rule

Collecting Your Judgment

65

(12)

First Steps

Information Subpoenas

Right to Obtain Consumer Credit Reports

Exempt Property

Docketing Your Judgment

Property Execution

Income Execution

Bankruptcy

If Your Judgment Involves the Defendant's Business

Where Judgment Is Rendered in Other Than the True Name of the Defendant

Appealing

77

(4)

Vacating a Default

Filing an Appeal

Deadlines

Glossary

81

(8)

Appendix A: New York Small Claims Rules

89

(12)

Appendix B: Small Claims Checklist

101

(2)

Appendix C: Blank Forms

103

(42)

Index

145

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How to Win in Small Claims Court in New York : With Forms

Summary

Table of Contents

Supplemental Materials