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.

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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

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Answered on 1/13/01, 6:54 pm


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