Legal Question in Business Law in New York

Re: Small Claims Court vs. NYC Civil Court

Several differences: Small claims cases are usually heard by arbitrators, not judges.

Small Claims cases are not held to the rules of evidence, Civil Court cases are.

Small Claims cases are heard at night, Civil Court calendar is during the day.

Small Claims cases cost less to file and prosecute.

Re: Small Claims Court vs. NYC Civil Court

Great questions - I address these issues all of the time.

To answer your first question, you can represent yourself in either court because you are not a corporation. However, I would never recommend going to Civil Court as a pro se (i.e. without an attorney). Civil Court follows the highly-techical New York Civil Practice Law and Rules (CPLR). Appearing without counsel would be akin to performing surgery on yourself based on information from a medical "how-to" book.

The next question is, "does it make sense to forfeit $3,000.00 to go to Small Claims. The answer depends wholly on the facts of the case, which you haven't set foth.

If you have you have a contract that allows you to recover reasonable attorney fees and other costs, you would probably be better with an attorney in Civil Court. On the other hand, if the company that owes you money is not well-known and has little in the way of assets, Small Claims pro se is usually a wiser choice.

Small Claims Court is only $10 (last I checked). The Clerk serves the summons and complaint and all you have to do is show up for court. In my experience, Small Claims Court matters are resolved in one to three short court appearance.

If you would like more information, please feel free to contact me.