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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Filing a lawsuit NOT in small claims court
I am completely clueless and wondering if anyone has experience with this.
DH may have to file a case, the amount owed is greater than $5000 but not by much and he will be using an attorney.
Is this filed in District Court? Other than legal fees, what are the fees associated with a lawsuit like this?
Any general advice or information is greatly appreciated.
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Posted 8/11/11 10:02 AM  |
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MrsPJB2007
MBA at your service!
Member since 7/06 12020 total posts
Name:
MJ
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Re: Filing a lawsuit NOT in small claims court
According to NY court help:
Lawsuits seeking money damages up to $15,000: Outside New York City: Your local CITY COURT DISTRICT COURT (L.I.)
Lawsuits seeking money damages up to $25,000: New York City: NEW YORK CITY CIVIL COURT
Outside New York City: Your county's COUNTY COURT
This is for Suffolk county: Link
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| Posted 8/11/11 10:11 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: Filing a lawsuit NOT in small claims court
It would be in Nassau - thanks Melissa!
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| Posted 8/11/11 10:48 AM |
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MrsPJB2007
MBA at your service!
Member since 7/06 12020 total posts
Name:
MJ
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Re: Filing a lawsuit NOT in small claims court
This is Nassau district court: link
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| Posted 8/11/11 10:50 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: Filing a lawsuit NOT in small claims court
Posted by MrsPJB2007
This is Nassau district court: link
I really wish they listed filing fees  Okay thanks!
ETA: I'm a dope! Found them!
Message edited 8/11/2011 10:53:25 AM.
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| Posted 8/11/11 10:52 AM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: Filing a lawsuit NOT in small claims court
when I worked for a law firm we charged just ever 200 i think for filing and service.
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| Posted 8/11/11 1:09 PM |
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Danamz
LIF Adult
Member since 6/06 1978 total posts
Name:
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Re: Filing a lawsuit NOT in small claims court
If it's not by much, you might want to just sue for the 5K.
The cost of filing out of small claims is hundreds more... that's not taking atty costs into account.
Here is a link to the NY Office of Court Administration website.
For starters, you need to purchase an index #, $210, file an RJI, $95....
that is to start. Every motion is $45....
OCA
Message edited 8/11/2011 2:43:20 PM.
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| Posted 8/11/11 1:21 PM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: Filing a lawsuit NOT in small claims court
Posted by Danamz
If it's not by much, you might want to just sue for the 5K.
The costs of filing out of small claims is hundreds more... that's not taking atty costs into account.
Here is a link to the NY Office of Court Administration website.
For starters, you need to purchase an index #, $210, file an RJI, $95....
that is to start. Every motion is $45....
OCA
Right, but if we win (which we will, it's indisputable that DH is owed the money), can't we recoup all those costs?
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| Posted 8/11/11 2:04 PM |
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Danamz
LIF Adult
Member since 6/06 1978 total posts
Name:
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Re: Filing a lawsuit NOT in small claims court
Generally no, unfortunately. Everyone typically pays their own legal costs. There are rare cases where someone can ask for attorney fees, but usually has to be covered by a statute.... there are exceptions.
Message edited 8/11/2011 2:41:08 PM.
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| Posted 8/11/11 2:30 PM |
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