How to Win in Small Claims Court in New York: With Forms » (REV)

Mark Warda received his BA in Political Science from the University of Illinois in Chicago and his JD from the University of Illinois in Champaign. He has studied at the University of Oxford, England and in Barcelona and Cologne.

He has been a lawyer for over 25 years and has written or coauthored more than seventy self-help legal guides. He has recently returned to actively practicing law full time in addition to continuing to write from his Florida home.

James L. Rogers received his law degree from Suffolk University. He has written extensively on a wide range of legal subjects. Rogers has worked for several law firms and a biotechnology company concerning patent and related intellectual law property matters.

Explains everything you need to successfully handle your case in a New York small claims court

Using Self Help Law Books
Introduction
Chapter 1: Introduction to Small Claims Court

Types of Cases That Can Be Heard

Needing an Attorney

Where You Can Get Help

What You Can Recover
Chapter 2: Before You Sue

Your Case

Proving Your Case

Your Time and Effort

Collecting If You Win

Before Filing Your Suit
Chapter 3: Filing Your Case

Those Who May Sue

Who You Can Sue

Where to File Your Suit

Finding a Court

Fees

Beginning Your Case

Possible Claims (Lawsuits) and What You Must Prove

Possible Defenses

Disclosure

How Much You Should Ask For

Jury Trial
Chapter 4: Defending Yourself

Notice of Claim

Your Defenses

Settling the Case

Asking for a Jury Trial
Chapter 5: Countersuing

How to Countersue

Exceeding the Limit

Impleading Additional Defendants
Chapter 6: Your Trial (Hearing)

Arbitration

Settling before Trial

Jury Trial

Trial

Preparation for Trial

Presenting Your Case

If Your Defendant Carries On a Business

Thinking About the Enforcement of Your Judgment
Chapter 7: Rules of Evidence

Prima Facie Evidence

Witnesses

Expert Witnesses

Privileged Communications

Testimony Concerning Deceased or Mentally Ill People

Proof

Parol Evidence Rule
Chapter 8: Collecting Your Judgment

First Steps

Information Subpoenas

Right to Obtain Consumer Credit Reports

Exempt Property

Docketing Your Judgment

PropertyExecution

Income Execution

Bankruptcy

If Your Judgment Involves the Defendant’s Business

Where Judgment Is Rendered in Other Than the True Name of the Defendant
Chapter 9: Appealing

Vacating a Default

Filing an Appeal

Deadlines
Glossary
Appendix A: New York Small Claims Rules
Appendix B: Small Claims Checklist
Appendix C: Blank Forms
Index