Legal Question in Civil Litigation in New York
small claims case
i need to find out if a small claims action must be filed in the county where incident took place or if it can be filed in the county where defendant now lives?
Asked on 1/08/01, 10:15 am
2 Answers from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: small claims case
A small claims case is filed in the county where the defendant lives.
Answered on 1/11/01, 8:35 am
Robert R. Groezinger
GroezingerLaw P.C.
Re: small claims case
Unfortunately, there is no simple answer, even though most people think there is. However, it is not where the incident occured.
In NYC, if a business is involved, it is possible it could be anywhere in NYC. I would need more information. The idea behind the rule is, however, that the Court is able to obtain jurisdiction over the defendant.
Good Luck.
RRG
Answered on 1/13/01, 6:54 pm