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This book contains more than 100 pages of scanned court rules and court forms from the New York Small Claims Court. These forms and rules are all explained in detail in the main text of the book.
|Publisher:||Rescue Media, Incorporated|
|Product dimensions:||5.50(w) x 8.40(h) x 0.70(d)|
|Age Range:||18 Years|
About the Author
Richard A. Solomon is a graduate of the Georgetown University Law Center. He has represented hundreds of small business owners in New York. He has also lectured extensively on the Small Claims Court process, and brings his years of experience to you.
Read an Excerpt
STRATEGIES FOR ALL CASES
Section 5: Powerful Evidence and Detailed Backup Documentation
In terms of business, New York is a demanding town. I never really appreciated how tough New York is until I started to represent out of town clients in New York actions. I remember what the President of a construction equipment leasing firm said in a Court proceeding, “My business operates in sixteen states, and the only problems we have with collection occur in New York.”
In the past, my law firm served as the New York Counsel for a nationwide medical concern. The representation at times was contentious because of real business cultural differences. In New York, all the defendants fought every case vigorously. The reason why there was so much opposition to these particular lawsuits was because none of the contracts at issue were in written form. (In other jurisdictions a simple handshake is considered binding on the parties.) When I told the client that the Courts always want to know what the contract stated, the national counsel said, “we don't have that problem in other states.” The bottom line: No one has ever suffered because there was too much proof or too much backup documentation in their favor.
What we must learn from experiences like these is that you must have as much proof and detailed backup documentation as possible. The lack of reliable evidence will only serve to diminish your case. The best tactic in litigation is to be in a position of strength. Documents that are signed by the debtor give you the strength you need in Court.
Great Evidence Paves Your Way to Success
Sometimes,before the Court hears a case, the parties are asked “What is this case about?” This is your opportunity to give an informal opening statement. Imagine when you confidently give the following summary to the Court: " Your honor, I had a signed, written contract with the defendant to provide equipment at the rate of $2,000 per month. The debtor had the equipment for 3 months, evidenced by copies of their checks written to my firm, but failed to pay the last rental. I have my dispatcher here to testify and I brought all the delivery and pickup tickets from my office to prove my claim. I am ready to proceed."
An opening statement must be concise, comprehensive, and bottom line. It also must project strength, organization, and attention to detail.
After summary statements, the Court may ask one of two important questions:
(1) “Have the parties discussed settlement?” or
(2) “Does the defendant need a payout plan?”
These words are exactly the kinds of statements you want to hear because this shows that the Court realizes that you should win and that the problem is not liability but the defendant's ability to pay.
Table of Contents
|Chapter 1||The New York City Small Claims Courts|
|Section 1||Introduction to the New York City Courts||16|
|Section 2||Introduction to The New York City Commercial Court||20|
|Section 3||Filling Out the Commercial Claim/Complaint Form [Form 2]||21|
|Section 4||Non-Commercial Cases [Form 1]||29|
|Section 5||The New York City Small Claims Court Clerk's Office (All Cases)||32|
|Section 6||The Calendar Call - What is announced in the NYC Courts||45|
|Section 7||Answering the Calendar According to the Court Instructions Provided [Form 8]||47|
|Chapter 2||Some of the Other Small Claims Courts in the New York Metro area outside of New York City|
|Section 1||Nassau County||49|
|Section 2||Suffolk County||53|
|Section 3||City Court of White Plains||62|
|Section 4||The General Rules of all the Small Claims Courts||69|
|Chapter 3||Strategies for All Cases in Every County of New York State|
|Section 2||Understanding Evasive Debtor Behavior||72|
|Section 3||Documenting Your Claim||73|
|Section 4||Should I contact the defendant in the interim?||74|
|Section 5||Powerful Evidence and Detailed Backup Documentation||79|
|Section 6||What to Expect at Trial||89|
|Section 7||The Basics Rules for all Trials||95|
|Section 8||"Lack of Service" also Known as Failure to Serve a Defendant with the Complaint||99|
|Section 9||Trial Before an "Arbitrator"||101|
|Chapter 4||How to Conduct a Trial||103|
|Chapter 5||How Not to Conduct a Trial||106|
|Chapter 6||Advanced Trial Tactics||109|
|Chapter 7||Inquest--the Hearing to Determine Damages||114|
|Section 1||The Basics||117|
|Section 2||Vacating Default Judgments||119|
|Section 3||Enforcement of a Judgment||125|
|Section 4||Paying a Judgment (known as a "satisfaction of judgment")||139|
|Chapter 9||You Win Some, You Lose Some||142|
|Chapter 11||New York City Civil Court||161|
|Chapter 12||Bankruptcy - the Debtor's Ultimate Trump Card||163|
|Chapter 13||Should I hire an attorney?||165|