What are New York Small Claims Cases and Class Action Lawsuits?

In New York, small claims cases are legal actions about disputes of no more than $10,000. The state’s small claims courts typically hear these cases, and only individuals more than 18 years of age are eligible to file claims of this nature. On the other hand, class-action lawsuits are consolidated legal actions or cases in which one defendant of the class represents all the others who were injured, hurt, or wronged in a similar or the same manner. Any state or federal court in New York can resolve class-action lawsuits. Some of these suits include those involving investment fraud, defective products from pharmaceutical companies, consumer protection, etc.

New York public records may also be accessible from some third-party websites. Aggregate sites are a convenient alternative for inquirers interested in searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

Third-party sites are operated independently of government sources. Thus, record availability, accuracy, and validity may not be guaranteed.

What Cases are Heard by Small Claims Courts in New York?

Small Claims Courts have different limitations depending on their location and jurisdiction. As such, small claims courts in the city may hear cases whose claims do not exceed $5000 while village and town courts hear small claims cases where the claim does not exceed $3000. Ultimately, the maximum judgment that can be awarded for a case is $10000, and splitting a claim into different parts to get around the limit is prohibited. Below are some cases heard by small claims courts in New York:

• Harm to vehicles, private possessions, immovable property or individuals.
• Complaints regarding Organisations are failing to offer adequate services and maintenance.
• Refusal to repay loans, properties, securities, or deposits
• Bounced or stopped check.
• Individuals refusing to pay for services provided, insurance claims, wages, rents, commissions, or for products sold and supplied.
• Violation of rent, agreement, guarantee, or contract.
• Loss of belongings, cash, and property

Note that Small Claims Courts can only grant money judgments, and this does not involve asking the defendant to provide services.

What is a Class Action Lawsuit in New York?

Class action lawsuits, also known as a representative action, involve a group who were wronged similarly. One member of the class, together with their attorney, represents this group in court. As contained in NY CVP § 901 of the New York Consolidated Laws, an individual can represent a group when filing a class action lawsuit if:

• Due to the large size of the class, it becomes impossible for each person to file their suits.
• Every plaintiff of the class has a common question of law and fact.
• Every plaintiff of the class has a common claim or defense.
• The individual representative of the class can sufficiently protect the interest of its members.
• After considering other alternatives, the best way to resolve the controversy is through a class action.

How do I File a Claim in a New York Small Claims Court?

According to Section 1803 of the Civil Court Act, claimants can begin their case by paying the filing fee at the clerk’s office. The cost is $20 for small claims above $1000 and $10 for claims below $1000. Claimants may locate a small claim court in New York or use the e-filing system provided by private vendors. The accepted forms of payment are cash, money order, certified check, or bank check, which should be written to the “Clerk of the Civil Court.” The claimant is typically required to fill out the Statement Of Claim Form. Important details needed in completing the form include:

• Correct personal address of the person or corporation being sued.
• Reason for the lawsuit,
• Amount of claim

The clerk may set up a hearing, which is often scheduled for 6:30 pm every business day. The date and time can be rescheduled for persons working at the time. Disabled people and aged citizens are also allowed to request rescheduling. When requesting to reschedule the hearing, the claimant may submit the proof in the form of a birth certificate or letter from the place of work.

A small claim notification is sent to the defendant. The notification usually includes the date of the hearing, the reason for the claim, the amount of the claim, and the claimant. These should be sent within four months of filing the case. Otherwise, the case may be dismissed. The defendant may also want to file a counterclaim or proceed to trial.

Do I Need a Small Claims Lawyer?

Attorneys provide legal advice on specific fields of law. A business lawyer, for instance, can give information on business or corporate claims. Lawyers also guide their clients through the small claim criteria and may represent them in court. However, having a small claim lawyer in New York may not be unnecessary when filing a claim. This is because the rules of the court proceedings may be relatively more straightforward than in other lawsuits. Notwithstanding, an attorney can be considered when filing a commercial small claim case. Also, it may be ideal to hire a lawyer if the defendant is represented. This may increase the plaintiff’s chances of winning the case.

How do Class Action Lawsuits Work in New York?

In New York, class action suits begin when a class/plaintiff representative lodges a lawsuit on behalf of the class plaintiffs who have sustained the same injury or loss. This is usually done at the appropriate state or federal court within the jurisdiction of their residence or where the incident occurred.

After the lawsuit has been filed, the appointed plaintiff(s) or members can expect to obtain class certification. Members who decide to be part of the case no longer may petition the defendant in single-party action. To obtain class certification, the court evaluates the commonality of the claims and the number of members in the class. This should meet certain requirements, which include a common and legitimate allegation. In addition, individual suits should prove impractical, and the appointed members should be willing to defend the interests of the entire class and not themselves.

The civil lawsuit process begins when the court has approved the class, with both parties submitting their pretrial motions and discovery and proceeding to settlement negotiations. Suppose the settlement talks do not produce a positive outcome for either party; in that case, the class action lawsuit may be brought before a judge or jury, depending on the circumstances surrounding the case. If the judge or jury considers the accused guilty of the claims, then the amount to be paid to the plaintiff is determined and rewarded to all class members. The compensation paid to the class is then divided by all the plaintiffs’ representatives to end the class action case. 

Is a Class Action Better Than a Single Party Suit?

Class actions may seem more favorable than single-party suits in some ways. For instance, class action cases are cheaper for litigation because all lawsuits are put together and pursued as one rather than litigating individually. Filing costs and lawyer’s fees are split by the various parties involved in the class action, while the plaintiff alone pays all of these costs in a single-party suit.

Resolutions and decisions may also be made quicker than in single-party litigation. This is because it may be easier for the judge to examine the lawsuits at once than separately. In a situation where there are multiple claimants with identical allegations, a single-party suit filed may take years before any meaningful resolution is reached.

Class action suits may appear more productive because all claimants are typically paid after reaching an agreement. Relative to the litigation costs, the representatives seek a substantial remedy compared to a single-party auction payment. In single-party cases, the victims are more likely to earn no payments; if they do, the legal expenses may surpass them.