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FAQs small claims complaint example
I’m being sued and I’m representing myself in court. How do I fill out the form called “answer to complaint”?You can represent yourself. Each form is different per state or county but generally an answer is simply a written document which presents a synopsis of your story to the court. The answer is not your defense, just written notice to the court that you intend to contest the suit. The blank forms are available at the court clerk’s office and are pretty much self explanatoryThere will be a space calling for the signature of an attorney. You should sign your name on the space and write the words “Pro se” after your signature. This lets the court know you are acting as your own attorney.
I need to sue someone in small claims court. How do I find out someone's address if all I have is their name and bank account number?Why do you need their address? Is it for service purposes? For privacy and anti-stalking reasons, you're not likely to get the person's address from a third party (e.g. bank, etc). Depending on your state's rules, you can probably just serve the person in person (meaning you don't need to know their address) instead of mailing it to them. Most people have used their address in some way in interacting with the public (e.g. Registrar of Voters, etc) so that's one way. Hiring a private investigator is one way too. I've done that and it does work, but it can be very expensive. Jon's point is a good one -- you do need to make sure the defendant has assets upon which you can collect. It depends on the state, but most collections laws are written so that it is exceptionally difficult for the average person to be completely exempt. Most prevailing plaintiffs in small claims court I've seen are so glad they win that they never bother collecting at all. I do quite a bit of collections work and the debtors are often surprised that I found them. Most pay up really quickly after that. Andy
I need to sue someone in small claims court but all I have is their cell phone number and their name. How can I find out their address?I would suggest (as several cheaper alternatives):Entering their name and cell phone on Google. You'd be surprised what a Google search can turn up.If they live in the same city/county as you (or a nearby one) I would suggest going to the Clerk of Courts office in your area and looking them up either using their last name or their cell phone. This service is almost always free and it might bring you additional information that you didn’t consider. If they live in a different county/state, it might harder, but it still can be accomplished.If this person has ripped off a number of people (I assume that this is the reason that you are seeking to sue him/her) I would suggest putting an ad online on craigslist.org,oodle.com or backpage.com. These are free ads and they might be the source of some excellent information.
How can I file a response/answer to a small claim petition citation/ lawsuit against me at the county court?As many have said, a summons or when you are served with a notice to appear in court is not a suggestion. It is an order to appear. In a civil case, if you don’t appear, the Judge can issue a bench warrant where he instructs the police or other agency to pick you up in cuffs and bring you to court. Now we are talking criminal. The difference is civil is only dollars. criminal is possible jail time.I was in court and there was this lawyer who had a stack of defaulted credit card bills. Hundreds. He did this once a month and was paid per case/credit card account. The Judge would call each name three times. If no one appeared the case was a default judgement and the full amount asked was awarded.Once a default Judgement, you need to fight this in a different, expensive, slow way and it is on your credit report.Go to court. Get a lawyer. If you don’t have one, see one there on another case.
How can I find out if my previous employer pays his employees under the table/doesn't pay taxes before I take him to small claims court?NinoIt's not clear from your question why you want to sue him. Were you paid under the table, or did he short your pay?All employees should receive a W2 for there wages and taxes paid. All contractors should receive a 1099 statement of their wages or income.If he is paying someone under the table, it would be hard to prove without the affected person providing testimony or using surveillance cameras to collect evidence.If a worker doesn't have a 1099 or W2, it doesn't mean they were paid under the table. It might mean that the worker lost it or the employer didn't send it.If a W2 worker is concerned about taxes not being withheld, then they need to correct that with their employer going forward. They are still on the hook to pay any remaining taxes.If a 1099 worker is concerned about taxes not paid, then it's usually not an employer issue, it's their own issue.Contractors paid through a 1099 are usually responsible for tracking and paying their own taxes, usually on a quarterly basis.Good Luck!
How can I claim the VAT amount for items purchased in the UK? Do I need to fill out any online forms or formalities to claim?Easy to follow instructions can be found here Tax on shopping and servicesThe process works like this.Get a VAT 407 form from the retailer - they might ask for proof that you’re eligible, for example your passport.Show the goods, the completed form and your receipts to customs at the point when you leave the EU (this might not be in the UK).Customs will approve your form if everything is in order. You then take the approved form to get paid.The best place to get the form is from a retailer on the airport when leaving.
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People also ask nassau county district court forms
Who pays for small claims court?Who pays the fees for small claims court? Does it depend on who files the case, or who wins? The plaintiff pays the filing fee, unless they're excused from doing so by virtue of being found in forma pauperis (indigent). The court will award the fees to one party or the other, usually the winner, after hearing the case.
How much does it cost to file a small claims case in New York?You will have to pay the court fee to file your claim. If your claim is for an amount up to and including $1,000.00, there is a fee of $15.00. If your claim is for an amount over $1,000.00 and up to $5,000.00, there is a fee of $20.00.
What is the maximum dollar amount for small claims court?$10,000, except that a plaintiff may not file a claim over $2,500 more than twice a year. Limit for a local public entity or for businesses is $5,000. $6,500 is the limit in suits by an individual against a guarantor that charges for its guarantor or surety services.
How do I sue someone in small claims court in NY?The Small Claims Court is an informal court where individuals can sue without a lawyer, for money only, up to $3,000 in Town or Village Courts, and $5,000 in City Courts. If your claim for damages is more than $3,000, or $5,000, you cannot separate it into two or more claims to avoid going over the maximum.
What is the statute of limitations for small claims court in NY?The statute of limitations for most cases in New York is usually three or six years, depending on the type of case, but you'll want to contact your small claims court or do some legal research to verify the limit for your specific case.