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What is a Small Claims Court?
A Small Claims Court is a specialized Court designed to provide an accessible and simplified process for individuals and businesses to resolve relatively minor disputes. They handle cases where the amount in dispute is within a specified monetary limit, allowing parties to seek a resolution without the need for extensive legal proceedings. Here are key features of Small Claims Court in New York State and Ithaca:
1. Monetary Limit: Small Claims Courts in New York State have a maximum monetary limit for claims. This limit is $5,000 for Ithaca City Court.
https://ww2.nycourts.gov/courts/6jd/tompkins/ithaca/webpageScCcCt.shtml
2. Informal Procedures: The procedures in Small Claims Court are less formal than those in higher-level Courts. The goal is to make the process accessible to individuals without legal representation. Rules of evidence are often more relaxed, and the atmosphere is generally informal.
3. Representation: While individuals can represent themselves in Small Claims Court, they also have the option to have a lawyer. However, the informal nature of this court makes it common for parties to present their cases without legal representation.
4. Types of Cases: Small Claims Court handles a variety of cases, including disputes over unpaid debts, property damage, breach of contract, and issues related to goods and services. Landlord-tenant disputes, security deposit issues, and other similar matters are also commonly addressed.
5. Filing Fees: There is a filing fee associated with initiating a case in Small Claims Court. The filing fee is generally lower than the fees associated with filing cases in higher-level Courts, around $10-$20.
6. Hearings: Cases in Small Claims Court are typically resolved through a hearing, where the parties present their cases before a judge. The judge then issues a judgment based on the evidence presented.
7. No Jury Trials: Small Claims Court cases in New York State are heard by a judge, and there are generally no jury trials. The judge is responsible for evaluating the evidence and making a decision.
8. Enforcement of Judgments: If a party is successful in a Small Claims Court case and is awarded a judgment, mechanisms are available to enforce the judgment. This ensures that the winning party can collect the awarded amount.
Common Practices In Small Claims Court
If you file a lawsuit in Small Claims Court: You are referred to as the claimant or plaintiff. The individual or business you are suing is the defendant. As previously mentioned, it is not necessary to have a lawyer to file a lawsuit in Small Claims Court in New York State. In fact, Small Claims Courts are designed to be accessible to individuals without legal representation. The procedures are simplified, and the atmosphere is generally informal, allowing parties to present their cases without the need for extensive legal knowledge.
https://ww2.nycourts.gov/courts/6jd/tompkins/ithaca/webpageScCcCt.shtml
Here are some points regarding representation in Small Claims Court in New York State:
1. Pro Se Representation: Individuals have the option to represent themselves in Small Claims Court. This is often referred to as proceeding "pro se" or without legal representation.
2. Informal Procedures: Small Claims Court proceedings are less formal compared to higher-level Courts. The rules of evidence are typically more relaxed, and the judge may assist parties in presenting their cases.
3. Cost-Effective: Small Claims Court is designed to be a cost-effective means of resolving disputes. Filing fees are generally lower than those associated with higher-level Courts, and parties can avoid the costs of hiring a lawyer.
4. Limited Legal Assistance:While legal representation is not prohibited, there are limits to the extent of legal assistance allowed in Small Claims Court. In some cases, parties may seek advice from attorneys outside the Courtroom, but representation inside the Courtroom is often limited.
5. Focus on Individual Parties:Small Claims Court is structured to allow individuals to present their cases directly to the judge. The goal is to provide a forum where parties can resolve their disputes without the need for complex legal procedures.
Dress Code
While there is no strict and universal dress code for attending Court in New York State, it is generally advisable to dress in a manner that shows respect for the judicial process and maintains a sense of formality. Courtrooms are formal settings, and appropriate attire is important to create a positive impression. Here are some guidelines for dressing when attending Court in New York State. Avoid wearing clothing that is too casual, such as shorts, T-shirts, tank tops, or clothing with offensive or inappropriate language or images. Clothing with visible tears, holes, or excessive wear may be considered disrespectful.
It's important to note that while there are general guidelines, different Courts may have specific expectations, and the level of formality can vary. If you have any doubts about what is considered appropriate, it's advisable to err on the side of formality. Presenting yourself in a respectful and professional manner contributes to a positive impression in the courtroom.
Partnerships, Corporations, LLCs and Associations
Partnerships can only initiate commercial Small Claims cases in City Court. Municipal and public benefit corporations have the option to use Small Claims Court. However, other corporations, LLCs, associations, and assignees cannot initiate a Small Claims case; they must commence a commercial Small Claims case in City Court. A corporation or LLC does not need a lawyer when being sued in Small Claims Court. An authorized officer, director, or employee can represent the entity in Court.
Initiation, Forms, and Fees
Initiating a case can be done by completing an application form that details your claim to the Court. You can obtain and complete the Small Claims forms required by the Court by looking on the website of the New York State Unified Court System or at the local Courthouse. You will need the accurate names and street addresses of each defendant and claimant. It is essential to provide a description of what transpired and the timeline of events. A court fee is required. The filing fee for Ithaca City Court is $15 for claims up to $1,000 and $20 for claims between $1,000 and $5,000.
https://ww2.nycourts.gov/courts/6jd/tompkins/ithaca/webpageScCcCt.shtml
Counterclaims
While the primary claimant initiates the case, the defendant can bring a counterclaim against the original plaintiff if it arises from the same transaction or occurrence that is the subject of the plaintiff's claim.
The counterclaim must be related to the same transaction or occurrence that is the subject of the plaintiff's claim. It cannot be a completely separate matter. There is a limit on the amount of the counterclaim in relation to the plaintiff's claim. The counterclaim generally cannot exceed the jurisdictional limit of the Small Claims Court. The defendant should file the counterclaim with the Small Claims Court when responding to the plaintiff's claim. The counterclaim can be included in the same forms used for the response. The defendant must provide notice of the counterclaim to the plaintiff. This is typically done by including the counterclaim in the response served on the plaintiff.
Serving The Defendant
Serve the defendant with a copy of the summons and complaint. This can be done through a variety of methods. One option is personal service, in which someone over the age of 18 who is not involved in the case personally delivers the documents to the defendant. This can be done at their home or workplace. Another is certified mail, where the document is sent to the defendant via certified mail with a return receipt requested. The defendant's signature upon receipt serves as proof of service. If personal service is not possible, the Court may allow substitute service, such as leaving the documents with someone at the defendant's home or place of business. In this case,the person who served the documents must complete an affidavit of service. This document attests to the fact that the defendant was properly served. The affidavit is then filed with the Court before the hearing. It is also important to retain copies of all documents related to the case, including the summons, complaint, and affidavit of service.
Different Ways A Defendant Can Respond
Upon the filing of a claim, the clerk will schedule a Court date. The plaintiff will receive a copy of the "Statement of Claim and Notice of Trial" form from the clerk, specifying the trial date and time. Simultaneously, the defendant will be sent a copy of this form via certified mail and first-class mail to the address provided on the form. Similar to the demand letter, the Court will assume the document was received unless the first-class mail is returned undelivered.
When a defendant is served, they have the opportunity to respond to the plaintiff's claims. Upon receiving the summons and complaint, the defendant should carefully review the documents. The summons informs them about the lawsuit, and the complaint outlines the details of the plaintiff's claim. The defendant is usually given a specific period to respond to the lawsuit. In New York, this response period is typically within 20 days of being served. It's crucial for the defendant to be aware of and adhere to this deadline. The defendant has several options for responding to the Small Claims Court case. If the defendant agrees with the plaintiff's claim, they may choose to admit the claim and either pay the amount owed or negotiate a settlement with the plaintiff. If the defendant disagrees with the plaintiff's claim, they can deny the allegations and present their defenses at the scheduled hearing. As mentioned earlier, if the defendant has a claim against the plaintiff arising from the same transaction or occurrence, they can file a counterclaim along with their response.
Witnesses
Here are some key points to consider regarding witnesses in a Small Claims Court trial in New York. In most cases, you are allowed to bring witnesses to testify on your behalf. Witnesses can provide information or support your claims by offering their testimony under oath. If you plan to have witnesses testify on your behalf, it's important to notify them well in advance of the trial date. This allows them to prepare and be available to attend the hearing. If a witness is unwilling to attend voluntarily, you may have the option to request a subpoena from the Court. A subpoena is a legal document that compels a person to appear as a witness at the specified time and place. The testimony provided by witnesses should be relevant to the issues in dispute. It should help support your case or address specific aspects of the claims being made. Witnesses may be used to present evidence or provide firsthand accounts of events related to the case. This can include documents, photographs, or any other relevant materials. In some cases, parties may want to present expert witnesses who have specialized knowledge or expertise relevant to the dispute. This should generally be disclosed to the Court in advance. Both parties have the right to cross-examine witnesses presented by the other party. This allows each side to question the credibility and accuracy of the testimony.
Day Of Trial
On the day of your trial, it's important to be well-prepared and follow certain steps to increase your chances of presenting your case effectively. Make sure to arrive at the Courthouse well before the scheduled time for your trial. This allows you to check in, find your assigned Courtroom, and gather your thoughts. Bring all relevant documents, evidence, and copies that support your case. This may include contracts, receipts, photographs, or any other materials that can help substantiate your claims. Review and organize your case materials in a logical order. This will make it easier for you to present your arguments and respond to any questions from the judge. Dress in a neat and professional manner. While Small Claims Court is less formal than other Court proceedings, presenting yourself respectfully can positively impact the judge's perception. Prepare a brief and clear opening statement that outlines the points of your case. This statement should provide an overview of your claims and what you are seeking as a resolution. If you have witnesses who will testify on your behalf, ensure they are present and ready to provide their testimony. Remember to notify them well in advance and bring any necessary documents or evidence they may have. Anticipate that the other party may cross-examine you and any witnesses you present. Be prepared to answer questions and stay focused on the relevant issues. Maintain a respectful and courteous demeanor throughout the proceedings. Address the judge as "Your Honor" and avoid confrontations with the other party. Pay close attention to the proceedings, including the other party's arguments and any questions from the judge. This will help you respond effectively and address any concerns raised.
What if I disagree with the Court’s decision?
If you disagree with the decision made by the Small Claims Court in New York State, you may have options to challenge or appeal the decision. Here are the general steps you can consider:
Motion to Vacate or Appeal:
Depending on the circumstances, you may have the option to file a motion to vacate the judgment or, in certain cases, appeal the decision.
Motion to Vacate: If you believe there was a legal error, fraud, or other compelling reasons, you can file a motion to vacate the judgment. This is typically done within a specific time frame after the judgment is entered.
Motion to Appeal: In some situations, you may have the right to appeal the decision to a higher Court. The process and deadlines for filing an appeal vary, so it's important to check the rules of the specific Court where your case was heard.
Grounds for Appeal: Grounds for appeal generally include legal errors made by the judge, violations of due process, or other procedural mistakes. Keep in mind that appealing a Small Claims Court decision is more limited than appealing decisions from other Courts.
Consult with an Attorney: If you are considering challenging the decision, it's advisable to consult with an attorney. An attorney can provide guidance on the specific grounds for appeal, the likelihood of success, and the appropriate legal procedures.
File the Necessary Documents: If you decide to proceed with a motion to vacate or appeal, ensure that you file all necessary documents with the appropriate Court. This may include a notice of motion, supporting legal arguments, and any required fees.
Follow Court Procedures: Adhere to the Court's procedures and deadlines for filing motions or appeals. Failure to comply with these requirements may result in your request being denied.
Attend the Hearing:
If a hearing is scheduled for your motion or appeal, make sure to attend. Present your arguments clearly and provide any supporting evidence or documentation.
https://masmallclaims.fandom.com/wiki/General_Procedure
https://www.nyCourts.gov/Courthelp/pdfs/SmallClaimsHandbook.pdf
https://ww2.nyCourts.gov/Courts/6jd/tompkins/ithaca/webpageScCcCt.shtml
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Notice of Judgement
Depending on the outcome of the trial, the court will mail both the claimant and defendant a physical Notice of Judgement, which usually consists of two components.
First, there will be a declaration of the court’s decision regarding the trial.
Second, the court will provide methods to collect the judgment sum.
If you win the claim, you are the judgment creditor, who must be paid by the judgment debtor.
Judgment Guidelines
In NY, judgements are valid for 20 years, with a 9% APR for each year the judgment is not paid.
Judgement Collection
Contact the Judgment Debtor or Judgement Debtor’s Attorney to ensure that the party is aware, and has received, the court’s Notice of Judgement. It is important to complete this step before
Even if you win, there is no guarantee that you will be able to succinctly collect the judgment. Sometimes, a party may be unresponsive, or fail to cooperate. The court will not enforce the judgment, so you must take legal steps to ensure that the judgment debtor pays.
Steps for collection from unresponsive debtors
If the debtor has not paid within 30 days, you may begin efforts to collect which may involve:
Garnishing wages or seizing bank accounts
Lien, sale, and/or seizure of debtor’s property including automobiles
Suspension of vehicle registration or license if the collection is related to debtor’s vehicle
Revocation, suspension, or denial of renewal of a business license or permit
Investigation by the state Attorney General for certain business practices
a penalty equal to three times the amount of the unsatisfied judgment plus attorney’s fees, if there are unpaid claims
You may need the support of an enforcement officer, an individual who can use the power of the law to enforce your collection.
Information Subpoena
An information subpoena is a set of questions to be filled out by the recipient that identifies the location of certain assets. You may need to file an information subpoena to obtain the necessary information about the location of the debtor’s assets, like bank account information.
Another option might be to locate the debtor’s bank information, potentially from the back of a check.
The subpoena can be sent to the debtor, or any corporation, business, or person who has information about the location of the debtor’s assets. This may include an employer, bank, landlord, or utility company.
You can obtain an information subpoena with set questions from your local court clerk for 3 dollars, or you can copy the necessary legal forms from a legal forms book. Alternatively, you can purchase the forms from a legal stationary store. Keep in mind that you’ll have to get these materials signed by the court clerk regardless. Go here to see where to go in your county for your information subpoena.
Once the paper work is in order, you must serve “the information subpoena, two copies of the written questions, and a stamped self-addressed envelope with the correct amount of postage to the person(s) or companies from whom you seek information by registered or certified mail, return receipt requested.” Here are further instructions on serving the subpoena.
A common way of enforcing a judgment is by collecting your debtor’s bank information. Do this by acquiring a check or through your information subpoena. This information would then be given to your enforcement officer.
Enforcement Officers
Why use an enforcement officer: Getting a debtor to pay up may be difficult. If they are refusing to pay or are being unresponsive, you may use information subpoena(s) to gather necessary information and turn that information over to an enforcement officer, who will then use that information and their legal authority to obtain debts owed to you.
Who is an enforcement officer and how do I obtain their services: There are two types of enforcement officer in New York: A sheriff or a city marshall. To obtain an officer’s services, you’ll want to contact an enforcement officer in a county where your debtor has property.
What to tell the enforcement officer: Your job is to provide the enforcement officer with the necessary information about the debtor’s assets and where they can be found. You’ll want to ask the officer to obtain an “execution” from the Court, which will allow them to seize the debtor’s property or money.
Will I have to pay the enforcement officer? Yes, there will be fees assessed for the enforcement officer’s services, which will depend on exactly what they have to do to obtain the debt owed to you. Sometimes these fees will be added to the amount paid by the judgment debtor, but not in all cases.
Enforcement Officer Alternatives
If the judgment has to do with the debtor’s car (e.g. a car accident), is for 1000 dollars or more, and the debtor has not paid for at least 15 days, the DMV may suspend the debtor’s driver’s license and car registration until you are paid.
If the claim was about the debtor’s licensed/certified business and it has been at least 35 days since the judgment, notify the local or state licensing agency. They may revoke, suspend, or refuse to grant/renew the license to the debtor.
If the judgment is about the debtor’s business and they have three or more unpaid judgments that they can afford, you can sue for treble damages, meaning you would be awarded three times the original amount.
If debtor’s business was found illegal or fraudulent you may contact the attorney general of New York
If the debtor has money in a bank or is owed money by someone else with money in the bank, you can get a restraining notice from the court, preventing them from receiving money from the bank. You may also start a turnover case to order the money released to you, but this can’t be done in city or town court; it must be done in county or state supreme court.
If the debtor owns property, you can ask the small claims court clerk for a transcript of judgment for a small fee and file it with the county clerk for 10 dollars. This puts a lien on the debtor’s property, meaning that when it is sold you judgment has to be paid.
Sources: https://www.nycourts.gov/courts/nyc/smallclaims/collectingjudgment.shtml
https://www.nycourts.gov/courthelp/pdfs/SmallClaimsHandbook.pdf
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In New York State, Article 7 of the Consolidated Laws covers the landlord-tenant relationship. However, special types of housing arrangement might call other articles of New York Statute.
Leases:
A contract between a landlord and a tenant that contains the terms and conditions of the rental.
Cannot be changed while it is in effect unless both parties agree.
Can be oral or written for non rent-stabilized dwellings.
Mandatory Provisions in Leases:
Identify the premises, specify the names and addresses of the parties, the amount and due dates of the rent, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties
Illegal Lease Provisions:
Exempting landlords from liability for injuries to persons or property caused by the landlord or their employee’s negligence (General Obligations Law § 5-321)
Waiving the tenant’s right to a jury trial in any lawsuit brought by either of the parties against the other for personal injury or property damage (Real Property Law§ 259-c)
Requiring tenants to pledge their household furniture as security for rent (Real Property Law § 231)
Exempting landlords from mitigating the damages of a tenant vacating the premises before the lease expires (Real Property Law § 227-e)
Waiving the Warranty of Habitability (Real Property Law § 235-b)
Restricting a tenant from living with their immediate family members and/or one additional occupant and the occupant’s dependent children (Real Property Law § 235-f )
Attorney’s fees can be initiated by both parties. If a contract is illegal, it is up to judicial discretion over if the whole contract or a particular clause is moot.
Regulated vs. Unregulated Contracts:
In New York State, there are two unique types of rent regulation: rent control and rent stabilization. Tenants in rent-regulated apartments are afforded more substantial protections than unregulated housing contracts. However, the latter still maintains protections under New York law.
Rent Control:
Application:
New York City and parts of Albany, Erie, Nassau, Rensselaer, Schenectady, and Westchester counties
In all residential buildings, pre-1947 AND relational successor must have been living there continuously since before July 1, 1971
Protections under Rent Control
A maximum base rent that is adjusted every two years to reflect changes in operating costs, but tenants’ rents cannot exceed a Maximum Collectible Rent set by Rent Guideline Board
Tenants can challenge increases to the Maximum Collectible Rent if the owner fails to upkeep the place.
Rent Stabilization :
Application:
Outside New York City, rent stabilized apartments are generally found in buildings with six or more apartments that were built before January 1, 1974.
Protections under Rent Stabilization:
Tenants in rent stabilized apartments are protected to receive same terms and conditions as the original lease
They may not be evicted except on grounds allowed by law.
Renewal of Non-Regulated Contracts:
Automatic Renewal Clauses: Clauses that annually renew the contract without landlord initiation.
Clauses are legal but the landlord must make the tenant aware of the existence of this clause 15-30 days before the tenant is required to notify the landlord of an intention not to renew the lease.
Renewals with rent increase of more than 5% and Non-Renewals:
2+ resident OR 2-year leases: 90 day written notice.
1-2 year resident: 60 days written notice.
>1 year resident: 30 day written notice. (Real Property Law § 226-c)
Renewal of Regulated Leases:
Rent stabilized tenants have right to 1- or 2-year renewal lease on same terms
Landlord may refuse to renew only for certain enumerated reasons like non-primary residence
Tenant has 60 days to accept renewal, if no acceptance landlord may refuse to renew and seek eviction
Month-to-Month Tenants: tenants who stay past lease end or pay monthly are month-to-month
Either party may terminate with same notice periods as non-regulated leases
Tenants outside of NYC must give 1 month notice
Landlord does not need to explain termination, only provide notice and warn of eviction if tenant does not vacate
Landlord may raise rent with tenant consent, otherwise can terminate by giving notice (Real Property Law § 232-a and § 232-b).
Special Type of Housing: Mobile Home Parks:
Grounds for eviction:
Nonpayment of rent: Tenant must be 30 days past due and owner must provide notice. Accepting late payment terminates eviction.
Illegal uses of premises: For activities like prostitution or illegal businesses.
Violations of law or park rules: Tenant must violate for over 10 days after written notice and an opportunity to correct.
Change of land use: Owner must give 2 years notice and pay stipends up to $15,000 per tenant
Lease Terms:
Owners must offer minimum 1-year leases and renewal leases.
Rent increases are limited and require 90 days notice.
Regulations and Fees:
Rules must be reasonable and applied uniformly.
Owners must provide 30 days notice before rule changes.
Owners must disclose all fees upfront and provide 90 days notice for increases.
Only permitted fees are for actual services rendered. Undisclosed fees cannot be collected.
Retaliation:
Owners cannot retaliate against tenants who make complaints or exercise rights.
Altering lease terms in retaliation is also prohibited.
Rent
Rent Charges - Non-Regulated Units:
Landlords can charge any rent agreed upon by the parties.
Landlords must give 30, 60, or 90 days notice for increases over 5% depending on tenant length of occupancy.
Rent Charges - Regulated Units:
Rent is set by law and may be challenged by tenants.
Recovery of overcharges is limited to 4-6 years preceding a complaint.
Senior and disabled rent regulated tenants may qualify for rent increase exemptions like SCRIE and DRIE.
Maximum increases are set annually by local Rent Guidelines Boards.
Landlords cannot revoke a preferential rent below the legal regulated rent. Rent increases are limited to Rent Guidelines Board percentages plus MCI/IAI charges.
Rent increases are now limited to the average of the past 5 years of Rent Guidelines Board orders or 7.5%, whichever is less. Fuel cost charges are no longer permitted.
Vacancy bonuses (% increase in rent when unit becomes vacant) and longevity bonuses (% increase in rent after past tenant has stayed for 8+ years) are now prohibited.
High-rent deregulation and high-income deregulation are now prohibited in most cases.
Substantial Improvements in Rent-Regulated Units
Major Capital Improvements (MCIs)
Landlords can increase rent for building-wide capital improvements like boiler replacements.
MCI increases are now capped at 2% of current rent per year and are temporary (removed after 30 years).
Tenants can challenge MCI increases if the building has hazardous violations.
MCIs are not permitted if fewer than 35% of apartments are rent regulated.
Individual Apartment Improvements (IAIs)
Landlords can increase rent for improvements made to vacant apartments or occupied units with tenant approval.
Increase amount depends on improvement costs and building size.
Landlord must document improvements and tenant must approve occupied unit improvements.
Landlords can only claim 3 IAIs in 15 years up to $15,000 total costs. IAIs are also temporary
Late Fees:
Late fee can only be charged if rent is more than 5 days late
Late fee amount is limited to $50 or 5% of monthly rent, whichever is less
Receipts: Landlords must provide written receipts for rent paid by cash, money order, cashier's check or other non-personal check means. Tenants paying by personal check can request a receipt.
Rent Security Deposits
Landlords can require a security deposit of up to one month's rent. They cannot require both last month's rent and a security deposit.
Landlords of buildings with 6 or more units must place security deposits in an interest-bearing bank account.
Tenants are entitled to the interest earned on their deposit, minus 1% the landlord can keep for administrative fees.
Getting Your Security Deposit Back – Non-Regulated Units
Landlords must return the full security deposit or provide an itemized receipt for deductions within 14 days of the tenant moving out.
If the landlord does not provide this receipt on time, they must return the entire deposit regardless of any damage
Tenants can request an inspection before moving out so the landlord specifies any repairs needed.
If the landlord deliberately breaks these laws, tenants can recover up to double the deposit amount.
Subletting/Assigning/Sharing Leases
Subletting means temporarily transferring less than the entire interest in the apartment to a subtenant. The prime tenant remains liable.
Assigning means permanently transferring the entire interest to an assignee and vacating the premises. Rights are more restricted than subletting.
Landlords cannot restrict occupancy to just the named tenant(s) and immediate family.
Named tenant(s) can share with immediate family, one additional occupant, and their dependent children.
Family members have succession rights to rent regulated apartments if they meet minimum residency requirements, such as living there for 2 years.
Special Terminations
Military Personnel Lease Terminations: Military personnel entering active duty can terminate residential leases executed before entering active duty.
Victims of Domestic Violence Lease Terminations: Victims can terminate their lease by providing documentation of domestic violence within 25 days of notice.
Senior Citizen or Disabled Lease Terminations: Those who are 62+ or disabled can terminate their leases to move to certain other housing like with family, upon providing documentation.
Evictions: landlords can only go through the eviction process for non-payment of rent if they have given you a 14-day written “rent demand” or you have broken a significant portion of the lease.
Eviction Process
Landlords can commence eviction proceedings if the tenant fails to pay rent or significantly violates lease obligations.
Landlords must give formal notice of intention to obtain legal possession of apartment.
Tenants should never ignore legal papers and eviction notices.
Tenant Protections During Eviction
Tenant can only be legally evicted after the landlord obtains a court judgment of possession.
Only a sheriff, marshal or constable can carry out a court-ordered eviction warrant.
Landlords cannot forcibly or unlawfully evict a tenant themselves.
Tenant has a reasonable amount of time to remove belongings after eviction.
Tenant can have non-payment case dismissed by paying all owed rent until actual eviction occurs.
Tenant cannot be evicted for non-payment of added fees like late fees or legal fees.
Habitability and Repairs
Landlord's Duty of Repair:
Landlords must keep apartments and public areas in "good repair" and clean.
This includes electrical, plumbing, heating and ventilation systems.
All repairs must be made within a reasonable time depending on severity.
Lead-Based Paint:
Landlords must disclose known lead-based paint and hazards.
- Landlords must address lead paint hazards such as peeling paint.
Carbon Monoxide Detectors:
Landlords must provide carbon monoxide detectors within 15 feet of each sleeping room.
Tenants are responsible for $25 reimbursement within 1 year and battery maintenance.
Landlords are responsible for replacing detectors that are lost, stolen or inoperable within 1 year of use.
Hot Water
Landlords must provide hot water between 120-110°F depending on anti-scald valves.
Finding an Apartment
Real Estate Brokers
Brokers help find apartments and charge commission, usually percentage of first year's rent
Commission should not be paid until client is offered signed lease
Apartment Information and Sharing Agencies
Agencies that charge fees to provide apartment information must be licensed
Fees are limited and refundable if information does not result in rental
Pre- Rental Fees
Landlords can charge up to the actual cost of a Background Check or $20 whichever is less.
NO other application fees can be charged.
If you are charged for a background or a credit check, you have the right to access a copy of these reports.
If you provide a background or credit check conducted within the last 30 days, you cannot be charged a background or credit check fee.
"Key money" fees above lawful rent/deposit for preference are illegal
Tenant Screening Reports or "Tenant Blacklists"
Landlords cannot deny applicants due to past legal conflicts with landlords, such as lawsuits over repairs
Applicants can complain to Attorney General if denied for this reason
Credit Checks
You CANNOT be rejected because of your credit history/score if:
Your FICO score is 580 or above (or 500 if you are homeless)
Have limited or nonexistent credit history
Rent subsidies pay your entire rent
Your credit score or credit history is a direct result of a Violence Against Women Act (VAWA)-covered crime (like domestic violence, stalking or harassment)
You have a history of bankruptcy or outstanding debt but present evidence of on-time rental payments over the past 12 months or 12 months prior to the pandemic (March 1, 2019 - March 1, 2020)
You CANNOT based on:
Medical debt or student loan debt.
Unpaid debt that is less than $5,000.
Bankruptcies that occurred over 1 year ago.
A past eviction or housing court history.
Limited or no rent or credit history.
Bankruptcies related to, or debt accrued during the New York State COVID -19 State of Emergency (March 7, 2020 – June 23, 2021) and due to financial hardship caused by the COVID-19 Pandemic.
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Contractor Registration
Contractors must be registered with the Board of Building Regulations and Standards. Certain contracting is exempt from this requirement, such as:
Air Conditioning
Energy Conservation
Landscaping
Interior Painting
Wall and Floor Coverings
Fencing
Masonry Walls
Above Ground Pools
Shutters/Awnings, Patios
Driveways
Registration is also exempt if:
The contractor works for the Commonwealth
A school is training in the form of home improvement
Licensed professionals stay within the scope of their profession
The owner of the house does the home improvement
Employees of the contractor perform the job but are not the actual contractor
Job is $500 or less
Contractor is less than full time (assessed by having a less than $5000 a year gross revenue from the jobs
A homeowner has no rights under the HICL if the service is one listed above and the contract is not registered. However, recourse under the provisions regarding contracts in the Uniform Commercial Code can be reported as illegal contracting to the Attorney General. Registered contractors by law must display their 60 digit registration number on all advertisements and contracts. The number 617-727-3200 can be called to check the registration of a contractor.
Residential Contractors Guaranty Fund
Allows wronged homeowners to collect compensation even if a registered contractor is unwilling to pay for damages and deceptive practices
“For purposes of recovery against the fund, the conduct of a registered contractor or subcontractor shall be deemed to include the conduct of his employees, salespersons and subcontractors, whether or not an express relationship exists, provided the work or activities of such individuals is within the scope of the contract and not for additional work beyond the contract which such individuals undertake by separate agreement with the owner.”
All state registered contractors pay a one time fee based on the number of employees on payroll. The unused money goes toward the Guaranty Fund. When a claim is paid out to a consumer, the contractor must reimburse the fund with interest within 30 days. Failure to do so may result in fines, deregistration, and possible criminal prosecution
To receive payment from the fund, a consumer must file an application to the fund within 6 months of initial judgment. The Office of Consumer Affairs and Business Regulation (OCABR) has applications for the fund. To receive assistance, consumers must have exhausted all “customary and reasonable efforts” to collect the award
State defined “all customary and reasonable efforts”:
Customary and Reasonable Effort means that action has been taken by or on behalf of an aggrieved homeowner to secure a satisfactory resolution to a dispute between a home improvement contractor and a homeowner. This standard may be satisfied by all of the following:
(a) submitting evidence to the fund administrator that a writ of execution for a monetary court judgment was served upon the contractor by a constable or sheriff at the contractor's last known business address. An arbitration award must be converted to a court judgment in order to obtain a writ of execution for service by a constable or sheriff upon the contractor;
'(b) 'if the contractor is bankrupt, submitting evidence to the fund administrator from the United States Bankruptcy Court confirming that the contractor has filed for bankruptcy;
(c) submitting evidence to the fund administrator that a service of court or arbitration order was attempted at all known or suspected addresses of the contractor by a constable or agent of the state;
(d) if a claim is properly made before small claims court, submitting evidence to the fund administrator that a notice to show cause has been served upon the contractor by a constable or sheriff at the contractor's last known business address, and that the contractor has failed to pay the claim and has failed to defend the claim.
No single claim can be paid more than $10,000. The fund will not pay out more than $75,000 in claims to victims of a single contractor within a year unless the contractor has paid the money back. Claims only cover “actual loss”, which means they will not cover damages, personal injury, attorney fees, or court costs.
Building Permits
It is the responsibility of the contractor to secure the building permit. If the consumer obtains the contract, the consumer may not apply for a payment from the Guaranty Fund in the end that they win the case and the contractor does not pay. The HICL states that a written contract must warn the consumer against securing hos or her own building permit. However, if a contract did not warn the consumer about this exemption, the consumer can still seek financials through the Guaranty Fund
Contracts
Contracts are recommended for any job, but is only necessary for jobs exceeding $1000.
Validity of a contract relies on these requirements:
Awareness of all involved parties: registration numbers of all contractors
Full description of the project, complete schedule and a final cost agreement with payment schedule and signatures
Homeowner’s awareness on the right to cancel the contract withing three days of signing
Provision that the contractor should acquire all necessary building permits and that if secured by the homeowner, eligibility for the Guaranty Fund is lost
By law, a contractor cannot collect more than ⅓ of the cost of the contract in advance. No acceleration of payment schedule because of insecurity of homeowner payment.
If the homeowner is paying the home improvements, the contractor is prohibited from involvement - cannot lend the money or act in association with a lending institution. Homeowner at all times has the right to shop around and negotiate a loan with anyone of choice
Disputes
30 day demand letter outlining the dispute (how contractor has violated the agreement). Should suggest what action the customer would like the contractor to take, such as finishing the job, paying for damages, or canceling the contract. If not resolved, there are 3 other methods:
Mediation
Mutually agreeable resolution with the help of a facilitator. Results in compromise, not so much victory. As a result, it is ideal for parties who will work together in the future, but ineffective for contentious relationships between parties
Arbitration
To be eligible for Home Improvement Arbitration Program, one must prove that:
There was a written contract for the job
Contractor was registered at the time of the contract
Primary residence was in NYS
Arbitration cannot be filed after two years from the date of the contact. Consumers who obtained their own building permits are eligible for arbitration. The process is binding and carries full weight for the decision. Less backlogged than a small claims court and is not subject to the $7,000 cap that governs small claims
The downside to arbitration is a high filing fee. The cost of filing is added onto the decision is the plaintiff wins, but the plaintiff must pay himself if the case is lost.
To initiate arbitration:
Find approved arbitration firm from OCABR. The HICL and Executive Office of Consumer Affairs can provide more information on how to begin the process
Fill out and pay for the application to register
Small Claims Court
If the dispute is for $7,000 or less, small claims court is a viable option with a binding decision and lower filing free. The process for initiating a claim is the same, and does not hinder a plaintiff from applying to the Guaranty Fund. If the plaintiff has won a case and has exhausted all reasonable means of collecting judgment payments, he or she can then apply to the Guaranty Fund to receive payments
Counterclaims
Notice of claim from defendant must "include a clear description of the procedure for filing a counterclaim.” Counterclaims in small and commercial claims actions are subject to the same jurisdictional monetary limits as the main claim. A case may arise if a counterclaim in a small-claims action if the counterclaim is within the court's monetary jurisdiction is "related to the main claim” and "not complex."
NYS_Home Improvement (Construction)
https://ag.ny.gov/home-improvement-fact-sheet
https://www.nysenate.gov/legislation/laws/GBS/771
Consumer Law
Deceptive acts and unlawful practices: In New York State, deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service are illegal under General Business Law § 349. This statute also gives individual consumers the right to make claims against businesses who violate the statute in order to stop the unlawful practice, recover damages, or both. The court may also, in its discretion, increase the awarded damages not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may also award reasonable attorney's fees to a prevailing plaintiff.
Uniform Commercial Code (applies uniformly in each state): In order to protect consumers in every state and ensure that commerce can be conducted across states, all states have adopted the Uniform Commercial Code. This means that the following protections apply in New York, as well as any other states.
Merchantability
There is an implied warranty of merchantability, whereby a buyer can expect a product that they purchase to work reasonably well for a reasonable amount of time. If there is something wrong with the product, the consumer can sue the seller in small claims court. However, if the buyer inspected the product beforehand or refused an offered inspection, they cannot make a claim based on merchantability.
Fitness
There is also an implied warranty of fitness, whereby a product must be “fit” for the purpose that the seller promised. This protection may sound similar to merchantability but it goes beyond that protection: Merchantability says that a product must be reasonably effective at its regular function, while fitness protects against claims sellers make of additional functions, particularly when it relies on the sellers’ expertise or judgment.
For instance, if a seller sells you a deck of cards and there isn’t anything wrong with them, they have fulfilled the warranty of merchantability. But if that seller told you that the cards were magic (and they weren’t), they failed to fulfill the warranty of fitness.
Additional Guarantees
The Uniform commercial code covers a variety of additional guarantees that can be found here
Refunds, Rebates, and Rainchecks
A store is legally required to post their refund policy. If the store does not post any return policy, the law requires the store to accept your return within 30 days of purchase. There is no requirement under NYS law for a store to offer a refund in the form of cash, credit, replacement merchandise or other means. Retailers must provide a written copy of the store’s refund policies available and disclose any fees associated with the return.
Any advertisement featuring a rebate must clearly (1) feature the actual selling price and advise that a mail-in rebate is required in order to achieve any advertised lower net rebate price; and (2) disclose to consumers how the rebate will be returned to the consumer, either by for example, check, gift card or credit towards future purchase; and, (3) whether the consumer will incur any additional fees redeeming such rebates.
NYS law does not currently regulate the provision of rainchecks.
Suggested Steps and Questions to Ask from New York Consumer Protection:
Ask for a copy of the refund policy.
Ask if the store imposes a re-stocking fee for returned merchandise?
Ask if the merchandise has to be in a certain condition for the return to be accepted?
Save all receipts for purchases to allow for ease of returns.
Ask for details about the advertised rebate.
Does the store offer rainchecks? If yes, what are the terms and does it expire.
How does the store notify the customer when the product is available?
Layaway Plans
New York State has laws for payment plans called “layaway plans” in which a consumer pays for a product worth more than 50 dollars in 4 or more installments, where the product is delivered to the consumer at a future date when full price has been paid.
The seller must disclose the following information about the layaway plan for it to be legal:
(1) a description of the merchandise to be purchased on the layaway plan including, as appropriate, the type of item, the name of the manufacturer, brand name, color, size, style, or model number; and
(2) the total cost of the item, including tax, installation, delivery or freight charges; and
(3) the amount of any charge for the use of the layaway method of payment such as a service or carrying charge or cancellation fee. Failure to make this disclosure shall preclude the imposition of such charge or fee; and
(4) the duration of the layaway plan; and
(5) the required payment schedule, if any, and the consequences of missing payments; and
(6) the merchant's refund policy with respect to payments made by consumers; and
(7) the location, if other than the place of purchase, where the merchandise is being stored or if the merchandise selected by the consumer will not be removed from inventory upon receipt of the first layaway payment by the merchant, there must be prominently disclosed on the face of the writing given to the consumer, the time at which the merchandise will be isolated from inventory or ordered by the merchant, e.g., NOTICE: NO MERCHANDISE WILL BE REMOVED FROM INVENTORY UNTIL ___ PERCENT OF THE PURCHASE PRICE HAS BEEN PAID, or ATTENTION: YOUR SELECTION OF MERCHANDISE WILL NOT BE ORDERED UNTIL YOU HAVE MADE YOUR NEXT TO FINAL PAYMENT; and
(8) all other disclosures required by state or federal law.
The merchant must tender the specified merchandise in good condition to the consumer on demand upon receipt of the final layaway payment unless otherwise provided in the layaway plan.
Contact the attorney general’s office if you have been the victim of a layaway plan that did not follow the law. They have the legal authority to have an injunction issued to stop the practice and obtain restitution.
Cooling Off Period
Most sales do not have a legally mandated cooling off period, but per the FTC’s rule there are certain sales with a mandatory 3 day cooling off period
The Cooling-Off Rule gives you three days to cancel certain sales made at your home, workplace, or dormitory, or at a seller’s temporary location, like a hotel or motel room, convention center, fairground, or restaurant. The Rule also applies when you invite a salesperson to make a presentation in your home. NOT ALL SALES ARE COVERED
Sales Not Covered, Sales that are:
under $25 for sales made at your home
under $130 for sales made at temporary locations
for goods or services not mainly for personal, family, or household use (but the Rule applies to instruction or training courses, regardless of your reason for taking them)
made entirely online, by mail, or telephone
made after completing negotiations at the seller’s permanent place of business, where the seller regularly sells the goods or services you bought
needed to meet an emergency
made because you asked the seller to visit your home to repair or perform maintenance on your personal property. (Things you buy beyond that repair or maintenance request are covered.)
Sales of real estate, insurance, or securities
Sales of cars, vans, trucks, or other motor vehicles sold at temporary locations, if the seller has at least one permanent place of business
Sales of arts or crafts sold at fairs or places like shopping malls, civic centers, and schools
Required Seller Disclosures
By law, the seller has to tell you at the time of the sale about your right to cancel. The seller also must give you
Two copies of a cancellation form. One copy is for you to keep. The other copy is to send to the seller if you decide to cancel your purchase.
A copy of your contract or receipt. The contract or receipt should be dated, show the name and address of the seller, and explain your right to cancel.
Note: The contract or receipt must be in the same language that’s used in the sales presentation.
How to return during the cooling off period
Your right to cancel for a full refund lasts until midnight of the third business day after the sale. Saturday is considered a business day, but Sundays and federal holidays are not. So:
If the sale happens on a Monday in a week without a federal holiday, you have until midnight on Thursday to cancel.
If the sale happens on a Monday and Tuesday is a federal holiday, you have until midnight on Friday to cancel.
If the sale happens on a Friday, you have until midnight on Tuesday to cancel, if there are no federal holidays on Monday or Tuesday.
If the sale happens on a Friday and the following Monday is a federal holiday, you have until midnight on Wednesday to cancel.
Note: You don’t have to give a reason for canceling. You have a right to change your mind.
To cancel a sale, sign and date one copy of the cancellation form. Mail it to the address given for cancellations. Make sure the envelope is postmarked before midnight of the third business day after the contract date.
If the seller didn’t give you cancellation forms, write a cancellation letter. It must be postmarked within three business days of the sale.
Send the cancellation form or letter by certified mail. You’ll get a return receipt so you have proof of when you mailed it and when it was delivered. Also, keep a copy of the letter or cancellation form for your records.
Seller Obligations if the sale is canceled
If you cancel your purchase, the seller has 10 days to
cancel and return any check you signed
refund all your money
return any property you might have traded in
tell you if any product you still have will be picked up or abandoned
Within 20 days, the seller must either pick up the items left with you, or reimburse you for mailing expenses if you agree to send back the items.
If the seller gave you any items, you must make them available to the seller in as good condition as when you got them. If you don’t make the items available to the seller — or if you agree to return them but don’t — you remain responsible for paying the seller as you agreed under the contract.
Reporting/handling Problems
If you think a seller has violated the FTC’s Cooling-Off Rule, report it to
the FTC at ReportFraud.ftc.gov
your state attorney general and your local consumer protection agency. Some state laws give you more rights than the FTC’s Cooling-Off Rule, and some local consumer offices can help you resolve your complaint.
If you paid with a credit card and a billing dispute arises about the purchase — for example, if the merchandise shipped was not what you ordered — notify your credit card company that you want to dispute the purchase. Learn about your rights — and how to protect them — when disputing credit card charges.
FTC Phone and Mail Order Rule
The Rule, issued in 1975, requires sellers who solicit buyers to order merchandise through the mail, via the Internet, or by phone to have a reasonable basis to expect that the sellers can ship within the advertised time frame, or, if no time frame is specified, within 30 days. The Rule also requires that, when a seller cannot ship within the promised time, the seller must obtain the buyer’s consent to a delay in shipping or refund payment for the unshipped merchandise.
Support/alternative enforcement: NY consumer protection
New York Consolidated Laws, General Business Law - GBS § 349 | FindLaw
Consumer Law | MA Small Claims Wiki | Fandom (UCC Portions apply to all states)
https://codes.findlaw.com/ny/general-business-law/gbs-sect-396-t/
https://www.ftc.gov/legal-library/browse/rules/mail-internet-or-telephone-order-merchandise-rule
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NOTE: There are additional protections for automobile leases laid out in the credit/debit law section of this wiki
Lemon Laws
In New York, lemon laws protect consumers who purchase or lease cars that turn out to be “lemons”, which means that they do not live up to certain standards set by law. These standards differ for cars that are purchased new or used.
If you believe your car is a “lemon” and the dealer is not cooperating, you may either enter an arbitration process with The Office of the New York State Attorney General or initiate a lawsuit in civil court (including small claims court). For info on arbitration go here. You can also call the New York attorney general’s office for support.
What cars are considered new?
A car is considered new if it was purchased or leased less than two years from its original delivery date and has fewer than 18,000 miles on it
It must also be:
purchased, leased, or transferred within the earlier of 18,000 miles or two years from the date of original delivery.
either purchased, leased, or transferred in New York State or is presently registered in the state.
used primarily for personal purposes.
New Car Lemon Law
If the car you purchased falls under the definition of a new car and does not conform to the terms of its written warranty (which the dealer is required to provide), the manufacturer or authorized dealer has a duty to repair the car. If they do not meet the duty and have been given sufficient opportunity to do so, you may be able to obtain a full refund or comparable replacement car in small claims court
Duty to Repair
The manufacturer/dealer has had a reasonable opportunity to repair the car if:
There have been four or more attempts to repair the car and the problem continues to exist, or
The car is out of service by reason of repair of one or more problems for a cumulative total of at least 30 days.
Once one of the two above duty to repair conditions has been met, if your car still does not meet its warranty, you may sue for a refund or replacement car
Used Car Lemon Law
If you buy or lease a used car from a New York dealer, they are required to give you a written warranty. Under the warranty, dealers must repair any defect in covered parts for free. If the dealer is unable to repair the car after a reasonable number of attempts, you are entitled to a full refund.
THIS LAW ONLY APPLIES TO USED CARS SOLD BY DEALERS. IT DOES NOT APPLY TO PRIVATE SALES!
Warranty and requirements
Auto dealers are required by law to provide you a written warranty to cover the following parts:
engine: lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings, and flywheel
transmission: the transmission case, internal parts, and the torque converter
drive axle: the front and rear axle housings and internal parts, axle shafts, propeller shafts, and universal joints
brakes: master cylinder, vacuum assist booster wheel cylinders, hydraulic lines and fittings and disc brake caliper
steering: the steering gear housing and all internal parts, power steering pump, valve body, piston, and rack
other parts: radiator, alternator, generator, starter, and ignition system (excluding battery)
The length of warranty depends upon the car’s mileage at the time of purchase and is determined by the lesser of time of ownership and miles driven:
More than 18,000 and up to 36,000 miles: 90 days or 4,000 miles
More than 36,000 and up to 80,000 miles: 60 days or 3,000 miles
80,000-100,000 miles: 30 days or 1,000 miles
Covered Cars: A car is covered by the used car lemon law if it
was purchased or leased from a New York dealer
had a purchase price or lease value of at least $1,500
has been driven up to 100,000 miles at the time of purchase or lease
is used primarily for personal purposes
Is not covered by the new car law (see above)
If it is covered by the new car lemon law, that provides even greater protection
Duty to Repair
The manufacturer/dealer has had a reasonable opportunity to repair the car if:
Three or more attempts have been made to repair the car and the problem continues to exist.
The car is out of service by reason of repair for a cumulative total of 15 days or more (although unavailability of parts may extend this time).
Lemon Law Exceptions
The problem does not substantially impair the value of the car to the consumer.
The problem is a result of abuse, neglect or unauthorized alteration of the car.
Arbitration
Leased cars excess wear and damage
If you lease a new or used car in New York state, the law protects you from inappropriate charges for “excess wear and damage” (EWD). When you sign your lease, you agree to certain obligations with the owner of the car (the lessor). These obligations probably include your financial responsibility for EWD. The lease also defines EWD, so read your lease carefully to know what you are liable for. However, if the lessor charges you an unreasonable amount for EWD when your lease ends, you are protected by the New York Motor Vehicle Retail Leasing Act (MVRLA). You have the legal right to challenge inappropriate charges through New York’s arbitration program for EWD in leased cars.
This EWD arbitration program, which was established by the Attorney General, allows you to dispute:
whether the car has damage
whether this damage is excessive
how much you should pay the lessor for the damage
Arbitration is usually much simpler, faster, and cheaper than going to court. The process is much more informal, and does not strict require court procedures, such as rules of evidence. You and the lessor present your arguments to an arbitrator, rather than a judge. If the lessor offers its own arbitration program that complies with MVRLA, you can choose to go through that program instead.
To participate in the Attorney General’s arbitration process, complete a request-for-arbitration form at any OAG regional office. Return it to the Attorney General’s lemon Law Arbitration Unit, Office of the Attorney General, 28 Liberty Street, New York NY 10005.
The AG’s office will review your claim, schedule you a hearing to attend, and ultimately will render a decision on your claim, usually within 10 days. If you win, you will receive a refund of your filing fee and EWD charges. The lessor must comply with this refund within 30 days. If they do not comply, you will have one year to file a civil case against them, potentially in small claims court.
Lemon Law Arbitration
Arbitration is also an option available to you if you have a claim resulting from the Lemon Laws (see above). The same duty to repair requirements (and other requirements) from above also apply before you can pursue arbitration.
To start the arbitration process, fill out a form here and send to this address:
Attorney General’s Lemon Law Unit
28 Liberty St.
New York NY 10005
For questions regarding the arbitration process, contact the program manager
Auto Repair
Tips to avoid issues with an auto repair shop
Deal only with a registered shop. Make sure there's a green and white "Registered State of New York Motor Vehicle Repair Shop" sign outside the shop and a valid New York State Department of Motor Vehicles (DMV) registration certificate inside.
Use the "Find a DMV-regulated Business" service to find a registered repair shop in your area.
Ask your family, friends and co-workers for advice on reliable repair shops in your area, as well as those you should avoid.
Keep all records, including estimates, invoices, work orders, receipts, guarantees and warranties. Besides their importance in case you file a repair complaint, these papers serve as your record of service, and could increase your vehicle's resale value.
If you authorize repair work by phone, write down the date and time, the name of the person you spoke with, any estimated price quoted, and other pertinent details.
Don't be afraid to ask questions. Management of a shop should take the time to explain required repairs and prices, discuss problems, and tell you about the training and experience of employees.
Consumer Rights under The Repair Shop Act
Written Estimate
If you request it, the repair shop must give you a written estimate of the parts and labor necessary for each specific repair. The shop may charge a reasonable fee for developing a written estimate, but the labor charge for an estimate may not exceed the shop's usual hourly labor charge.
The estimate must list each part and its cost, and show what parts, if any, are either used or not of original quality. It must show the labor charges for each repair and by what method they are calculated. The shop may not charge more than the estimated price without your permission.
Authorizing Work
A shop may not perform any services unless you give your permission. If the shop prepares a written work order, it must give you a copy. If you prepare a written work order, the shop must attach it to the invoice. If work is authorized verbally or by telephone, the invoice must show the date, time, and name of the person giving authorization.
Parts
You are entitled to the return of all replaced parts, except warranty and exchange parts, but you must ask for them in writing before any work is done. If you authorize work by phone, the shop must keep any replaced parts, and make them available when you pick up the vehicle.
Invoice
When repairs are completed, the shop must give you a detailed invoice listing each repair done, each part replaced, the cost for each, and the cost of labor. The invoice must show which replacement parts, if any, are used, or not of original quality. It must show the odometer reading at the time you left the vehicle for repair and when the invoice was prepared. If the shop promised a delivery date, that must be listed on the repair order. If you received a written estimate, compare it with the invoice and try to resolve any questions before you pay for the repairs.
Inspection After Repair
You have the right to inspect your vehicle at the shop before paying for repairs. However, this does not give you the right to remove the vehicle from the shop without paying for the repairs, or to inspect it in areas where only authorized employees are allowed.
Guarantees
A shop is not required to guarantee its work, but if a shop voluntarily guarantees repairs, the terms and time limit of the guarantee must be listed on the invoice.
If you are not satisfied with the quality or price of a repair, discuss it with the management of the shop. Many misunderstandings can be resolved through a calm, honest discussion.
If You Have a Repair Problem
First, attempt to resolve the issue with the management of the business. Keep a written record of all contacts with management in addition to details about the repair. Copies of work orders and invoices are proof of your attempts to resolve the problem.
If a satisfactory resolution is not reached and you wish to file a complaint, you must submit a Vehicle Safety Complaint Report (PDF) (VS-35) along with any supporting documents to the DMV Consumer & Facilities Services Complaint Unit. To submit electronically, download the complaint report available at the link above to your personal device. Attach and then email the completed report as well as any supporting documents to CSR@dmv.ny.gov. Please note that DMV staff will communicate with you through email.
IMPORTANT: DMV staff will not investigate a complaint until a completed VS-35 Complaint Report has been received. The department does not investigate complaints that have been filed anonymously. There is a 90-day limit on reporting incidents related to a New York State Repair Shop. We cannot accept complaints against Repair Shops beyond the 90-day limit or 3,000 miles (whichever comes first). The DMV cannot resolve disputes over the terms of manufacturer or third party warranties or guarantees. If you feel you have a New York State Lemon Law complaint, please see Lemon Law Complaints.
What Happens to Your Complaint
A DMV customer service representative will try to resolve the problem by discussing it with you and the shop. About half the complaints received by DMV are resolved through mediation.
If the repair problem isn't resolved, your complaint will often be referred to a DMV regional office for investigation. A DMV inspector may contact you to ask questions or discuss your case in detail. These inspectors are experienced automotive technicians trained to investigate and resolve complaints.
If the DMV investigation indicates the shop violated the Repair Shop Act or regulations, DMV will either send a warning letter to the shop or schedule a hearing. If a hearing determines there were violations, DMV will take action against the shop. This may include suspending or revoking the shop's registration and/or imposing fines.
If you suffer a financial loss due to overcharging or unnecessary or poor quality repairs, the administrative law judge presiding at the hearing may offer the shop the option of paying restitution. The shop may then receive a shorter suspension period and/or a lower fine.
DMV cannot force a shop to pay restitution. Restitution is limited to the amount you were overcharged or the cost of proper repairs. Other expenses, such as the cost of renting a replacement car, cannot be included. Filing a complaint with DMV does not prevent you from seeking help from other consumer protection agencies or from taking the shop to court. However, if you receive a court settlement or one is pending, restitution through DMV is not available.
Car Accidents
New York is a no fault car insurance state. As the name suggests, no-fault insurance pays out certain benefits for injuries, regardless of who caused the accident. The required amount of no-fault insurance in New York is $50,000, which goes toward medical costs and a limited amount of lost income and certain other reasonable and necessary expenses as described by New York Insurance Law Section 5102. No-fault insurance does not cover non-economic damages, though. It also does not cover property damage.
When (and when not) to sue
Under Insurance Law Section 5104, a victim generally can sue an at-fault driver (or vehicle owner) for economic damages only if they go beyond the “basic economic loss” addressed by no-fault benefits, and for non-economic damages only if they arise from a “serious injury.” Section 5102 defines a “serious injury” in various ways. Some of these include death, significant disfigurement, a fracture, the permanent loss of use of a body organ or function, the permanent consequential limitation of use of a body organ, or a medically determined injury or impairment that is not permanent but prevents the victim from performing the material acts that constitute their usual daily activities for at least 90 days during the 180 days immediately after the crash.
Who to sue
A majority of crashes result from mistakes by one or more drivers. However, a victim may be able to sue other people or entities as well, depending on the factors that contributed to the accident. Some examples include:
A vehicle owner, if the driver was using the vehicle with the owner’s permission
The employer of a driver who was on the job at the time
An auto manufacturer, if a defect in the car or a component contributed to the crash
A repair shop or maintenance company, if it failed to properly identify and address a problem with the car
A government entity, such as when poor road maintenance or defective road design caused a crash
A bar or restaurant that unlawfully served alcohol to someone who then caused a drunk driving accident as a result
The restrictions on lawsuits under the no-fault system do not apply to lawsuits against defendants that are not “covered persons” under the Insurance Law. Section 5102 largely defines a “covered person” as an owner, driver, or occupant of a vehicle. Thus, for example, a victim potentially could pursue non-economic damages from a car maker or a bar that served a drunk driver without showing that they suffered a serious injury as defined by the Insurance Law.
What to prove in an auto accident suit
Car accident suits in New York usually rely on a standard of negligence which requires showing a duty, a breach of the duty, and an injury resulting from the breach. This is often described as the elements of duty, breach, causation, and damages. In the context of car accidents, the duty generally consists of acting with reasonable care under the circumstances. Any actions that fall short of this standard would breach the duty. Causation generally means that the accident would not have happened if the breach had not occurred, and it was a reasonably foreseeable result of the breach. Damages involve any harm or loss that resulted from the accident, which can take financial, physical, and emotional forms.
For many defects, if the defect was a substantial factor in causing injuries from the crash, there is a strict liability theory for the manufacturer. This means that once the defect is proven to have been a substantial cause, liability has been proven regardless of duty or breach.
Damages
There are two types of damages: compensatory and punitive
Compensatory Damages
Economic
Economic damages account for relatively objective costs resulting from the accident, such as past, present, and future medical bills, lost income and earning capacity, property damage, and any home or vehicle modifications needed to accommodate a disability.
Non-economic
non-economic damages account for more subjective types of harm, such as pain and suffering and lost enjoyment of life.
Punitive Damages
These are designed to punish and deter conduct that is especially blameworthy. In a 1990 case called Home Insurance v. American Home Products Corp., the New York Court of Appeals explained that this is “conduct having a high degree of moral culpability [that] manifests a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.”
Topics:
New car lemon law
Used car lemon law (https://ag.ny.gov/publications/new-yorks-lemon-laws, https://ag.ny.gov/resources/individuals/car-auto/lemon-law-program, https://ag.ny.gov/publications/leased-car-guide )
Leasing laws (excess wear and damage, maybe others)
Anything on arbitration for car stuff
Auto Repair (https://dmv.ny.gov/know-your-rights-in-auto-repair)
The most basic explanation of how a car accident case could work (standard torts stuff)https://car-accidents.justia.com/new-york-car-accident-law/
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Personal disputes in small claims court refer to legal conflicts that involve individuals rather than businesses or organizations. These disputes typically revolve around issues of a personal nature and often concern smaller amounts of money.
Examples of personal disputes that might be taken to small claims court include:
Unpaid Loans: An unpaid loan refers to a situation where one party has borrowed money from another, and the borrower has not fulfilled their obligation to repay the borrowed amount according to the agreed-upon terms. When a loan is provided, there is typically an understanding or a written agreement specifying the terms and conditions of the loan, including the repayment schedule, interest rates (if any), and any other relevant terms. A legal document or agreement outlining the terms of the loan, including the amount borrowed, interest rates, repayment schedule, and any other conditions.
If the borrower fails to make the agreed-upon payments or violates any terms of the loan agreement, they are considered to be in default. If the court rules in favor of the lender, it may issue a judgment requiring the borrower to repay the outstanding amount. The court may also order other remedies, such as wage garnishment or placing liens on the borrower's property.
https://www.findlaw.com/litigation/going-to-court/can-i-sue-someone-who-owes-me-money-.html
Property Damage: Property damage refers to harm or destruction caused to real or personal property, leading to a decrease in its value or usability. Property damage can occur in various contexts, such as accidents, intentional acts, or natural disasters. Legal principles surrounding property damage provide a framework for determining liability, seeking compensation, and resolving disputes. Property damage can affect both real property (land and structures) and personal property (movable possessions). Property damage can result from various causes, including accidents (e.g., car collisions), intentional acts (e.g., vandalism), natural disasters (e.g., storms, floods), or negligence (e.g., failure to maintain a property).
Determining liability involves identifying the party or parties responsible for the property damage. Liability may rest on the actions or negligence of an individual, business, or entity. 4. Property owners often have insurance coverage to protect against property damage. Insurance policies may cover repairs or replacement costs, depending on the terms and conditions of the policy.
Individuals or entities suffering property damage may file insurance claims or pursue legal action to seek compensation for the losses incurred. This may involve proving the extent of the damage, establishing liability, and presenting evidence of the financial impact.
For smaller amounts of property damage, individuals may choose to pursue claims in small claims court, which offers a simplified and expedited process for resolving disputes without the need for extensive legal representation.
In New York, you must initiate legal proceedings within three years from the date of your property damage to file a lawsuit in the relevant court. Failing to file your property damage claim within this timeframe may result in the forfeiture of your right to seek compensation.
Neighbor Disputes: Neighbor disputes refer to conflicts or disagreements between individuals who live in close proximity to each other, typically involving issues related to property rights, land use, or the use and enjoyment of one's property. These disputes may arise from various circumstances, and they often require legal resolution to address the conflicting interests of neighbors. Disputes over property boundaries may arise when neighbors disagree about the location of the boundary line between their properties. This can lead to conflicts regarding the use and maintenance of the disputed area. Issues related to excessive noise, disturbances, or nuisances caused by one neighbor that affect the peace and quiet enjoyment of the neighboring property.
Disputes may arise if one neighbor's structures, trees, or other elements encroach onto the property of another, potentially causing damage or interference. In New York, there is a particular law that enables you to seek additional damages if someone intentionally causes harm to your tree (N.Y. Real Prop. Acts. Law § 861). This means the cost of replacing the tree, the cost of removing debris and cleanup, the diminished property value and aesthetic loss and mental anguish. Conflicts may occur over the planting, maintenance, or removal of trees and vegetation that may affect sunlight, views, or property values. Neighbor disputes also include the installation, maintenance, or location of fences and structures, such as sheds or garages, along property lines. A neighbor is allowed to build a boundary fence and is also responsible for repairs and maintenance (N.Y. Town Law § 300). In some cases, disputes may involve disagreements with rules or regulations imposed by a homeowners association governing the neighborhood. For smaller disputes involving monetary damages, individuals may pursue resolution in small claims court.
https://www.nolo.com/legal-encyclopedia/new-york-laws-neighbor-property-disputes-65246.html
Landlord-Tenant Disputes: A landlord-tenant relationship refers to the legal arrangement between a property owner (landlord) and an individual or business entity (tenant) who rents or leases the landlord's real property. This relationship is governed by a lease or rental agreement, which outlines the terms and conditions under which the tenant is granted the right to occupy and use the property. A lease agreement is a legally binding contract that establishes the terms and conditions of the tenancy. It typically includes details such as the duration of the lease, rental amount, payment schedule, security deposit, responsibilities of both parties, and any specific rules or regulations.
The obligation of the landlord is to provide habitable premises: The landlord is generally obligated to maintain the property in a habitable condition, ensuring it meets health and safety standards. Landlords are responsible for necessary repairs and maintenance unless the tenant caused the damage.
Landlords often require tenants to pay a security deposit upfront. The deposit is held to cover any unpaid rent or damages to the property beyond normal wear and tear. Landlords may have the right to evict tenants for specific reasons, such as non-payment of rent or violation of lease terms. However, eviction procedures must comply with applicable landlord-tenant laws.
Tenants have legal rights, including the right to a habitable dwelling, privacy, and protection from unlawful eviction. Many jurisdictions have specific tenant protection laws. Landlords are prohibited from discriminating against tenants on the basis of race, color, religion, sex, national origin, disability, or familial status under fair housing laws. Legal disputes between landlords and tenants are often resolved through legal processes, including landlord-tenant courts or small claims courts.
https://www.findlaw.com/realestate/landlord-tenant-law/landlord-tenant-disputes.html
https://www.nolo.com/legal-encyclopedia/types-cases-for-small-claims-court-29918.html
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TO BE ADDED
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New York
New York County Civil Court rm 325
111 Centre Street, New York, NY 10013
(646) 386-5484
Bronx County Civil Court rm 105
851 Grand Concourse, Bronx, NY 10451
(718) 618-2517
Richmond County Civil Court rm 5
927 Castleton Avenue, Staten Island, NY 10310
(718) 675-8460
Kings County Civil Court rm 905
141 Livingston Street, Brooklyn, NY 11201
(347) 404-9021
Queens County Civil Court rm 116
89-17 Sutphin Boulevard, Jamaica, NY 11435
(718) 262-7123
Harlem Community Justice Center rm 302
170 East 121 Street, New York, NY 10035
(212) 360-4113
Nassau County
Long Beach City Court
One West Chester St., Long Beach, NY 11561
(516) 442-8563
Glen Cove City Court
13 Glen Street, Glen Cove, NY 11542
(516) 403-2441
Nassau County District Court
99 Main Street, Hempstead, NY 11550
(516) 493-4125 (day court)
(516) 493-4126 (night court)
Western Suffolk County
First District Court
3105 Veterans Memorial Hwy., Ronkonkoma, NY 11779
(631) 854-9676
Second District Court
30 East Hoffman Avenue, Lindenhurst, NY 11757
(631) 854-1121
Third District Court
1850 New York Avenue, Huntington Station, NY 11746
(631) 854-4545
Fourth District Court
North County Complex, Bldg. C-158, Veterans Memorial Hwy., Hauppauge, NY 11788
(631) 853-5408
Fifth District Court
3105 Veterans Memorial Hwy., Ronkonkoma, NY 11779
(631) 854-9676
Sixth District Court
150 West Main Street, Patchogue, NY 11772
(631) 854-1440
Eastern Suffolk County
Justice Court Town of Riverhead
210 Howell Avenue, Riverhead, NY 11901
(631) 727-3200 x229
Justice Court Town of Southold
53095 Route 25, Box 1179, Southold, NY 11971
(631) 765-1852
Justice Court Town of East Hampton
159 Pantigo Road, East Hampton, NY 11937
(631) 324-4134
Justice Court Town of Southampton
32 Jackson Avenue, Hampton Bays, NY 11746
(631) 702-2997
Justice Court Town of Shelter Island, Box 1632
46 N. Ferry Road, Shelter Island, NY 11964
(631) 749-8989
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Case
Time Since
The Law
Arson
No time limit, 2 or 5 years depending on the facts
Crim. Proc. 30.10(2)(a) or (b) or (c)
Assault/Battery
1 year from act (Civil); 2 or 5 years depending on the facts (Criminal)
CPLR 215(3); Crim. Proc. 30.10(2)(b) or (c)
Burglary
2 or 5 years depending on the facts
Crim. Proc. 30.10(2)(b) or (c)
Car accidents
3 years from date of accident
Child sex abuse
most cases until victim turns 55 (Civil) or turns 28 (Criminal)
CPLR 214-G; Crim. Proc. 30.10(3)(f)
Class A felony
No statute of limitations
Contract in writing
6 years
Contract oral or not in writing
6 years
Debt collection
3 years
*If the company is based outside of New York State, the statute of limitations may be even shorter depending on that state’s statute of limitations.
Emotional distress (intentional)
1 year from act
CPLR 215(3); 14 N.Y.Prac., New York Law of Torts 1:40
Emotional distress (negligent)
3 years from date of accident
75A Jur. 2d, Limitations and Laches 215
Enforcing court judgments
20 years
False imprisonment
1 year (Civil)
Fraud
6 years
Kidnapping
No time limit or 5 years depending on the facts
Crim. Proc. 30.10(2)(a) or (b)
Legal malpractice
3 years
Libel/Slander
1 year from act
Manslaughter 1st & 2nd degrees
5 years
Medical malpractice
2 years and 6 months from date of malpractice or from end of continuous treatment rendered by the party or entity you intend to sue for a particular condition, illness or injury
Misdemeanors
2 years
Mortgages
6 years
Murder, 1st degree
No time limit
New York City & New York State
90 days to give notice; 1 year and 90 days
Other felonies
5 years
Other negligence resulting in personal injury
3 years from date of accident
Petty offense
1 year
Product liability
3 years from date of accident
Property damage
3 years
Rape
No time limit
Receiving stolen property
2 or 5 years depending on the facts
Crim. Proc. 30.10(2)(b) or (c)
Robbery
5 years
Slip and fall
3 years from date of accident
Store credit cards
4 years
Theft (“Larceny”)
2 or 5 years depending on the facts
Crim. Proc. 30.10(2)(b) or (c)
Trespass
3 years
Wrongful death
2 years from death
https://nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml
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NYS Attorney General - -800-771-7755
NYPIRG's Small Claims Court Action Center (800-566-5020)
New York County
Civil Court
111 Centre Street
New York, NY 10007
646-386-5484
Kings County
Civil Court
141 Livingston Street
Brooklyn, NY 11201
347-404-9021
Harlem Community
Justice Center
170 East 121 Street
New York, NY 10035
212-360-4113
Queens County
Civil Court
89-17 Sutphin Boulevard
Jamaica, NY 11435
718-262-7123
Bronx County
Civil Court
851 Grand Concourse
Bronx, NY 10451
718-618-2517
Richmond County
Civil Court
927 Castleton Avenue
Staten Island, NY 10310
718-675-8460
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HOW TO PREPARE FOR SMALL CLAIMS TRIAL
How do I get ready for my trial?
Organize evidence that supports your claim. This can include:
Photos, written agreements, letters, or other documents,
Itemized bills, canceled checks, receipts or invoices, proof of payment, damaged items, etc.
Printed evidence from your computer or cell phone.
Audio/visual evidence - ask the Court what format isRequired.
If you are asking for money to make repairs or receive services, bring two signed itemized written estimates as proof.
Can I have witnesses at my trial?
Yes. A witness can be:
You
Someone who knows something about your claim
Someone who has a lot of knowledge or experience with the reason for your claim (called an expert witness)
Before testifying, all witnesses must swear or affirm to tell the truth before the Court.
What if someone doesn’t want to testify at my trial?
If a witness does not want to testify or give you records, you can ask the Court Clerk to issue a subpoena. A subpoena is a court order that forces your witness to:
Send documents or records to the court
Testify at your trial
If you arrange for a witness to be given a subpoena, you need someone to serve it to the witness. This can be a friend or relative that is 18 or older. Neither you nor anyone in this case can be the server. You can also hire a process server or sheriff to serve the subpoena. This subpoena must be served before the trial date.
Note: The witness has the right to receive a $15 witness fee, which must be paid when the subpoena is served. You must give the server the fee to pay the witness, and in if the travel is from outside the city, you must pay .23 cents per mile to and from the courthouse too.
Can the defendant and I agree to settle the case before trial?
Yes. If you make an agreement before your trial date, notify the Court Clerk in writing and include a copy of the settlement agreement.
If you agree to settle, but you need more time to finish your agreement, contact the Court to see if the case can be postponed or if you must go to Court on your trial date. Ask for a postponement so you can finish your agreement. (This is called an Adjournment Pending Settlement.) The Court may give you a new trial date. If the claim is still not settled by the new trial date, go to Court on the new date.
What do I do on the day of my trial?
On the date of your trial, you should:
Get to the courthouse early
Find your Courtroom, then look for the Small Claims Court Calendar. This will list the day’s cases.
Look for your last name and the defendant’s last name on the calendar. If your case is not listed on the calendar, or if there is no calendar posted, ask the Court Clerk for help.
When you enter the courtroom, you may need to check in with the Court Clerk.
Who will decide my case?
In some Courts a judge decides your case. In other Courts, it could be either a judge or an arbitrator. You can contact the court to find out. You may have a choice. Some courts also offer mediation to help you and the other side settle your case.
Juries are used to determine the facts of the case. If there is an ambiguous determination to be made, such as “did X murder Y,” then a jury is used to find this fact. Small claims cases decided by an arbitrator or mediator do not have juries. Small claims cases decided by a judge do not have juries unless the defendant demands it. The defendant would have to pay a jury fee ($10 in Town and Village Courts, $70 in City Courts) and an additional $50 fee.* The defendant must also file a sworn notarized statement, called an affidavit, saying:
They are asking for a jury trial in good faith, and
The claim has at least one question of fact that must be decided by a jury.
What happens during my trial?
You, the claimant, go first. You will take an oath to tell the truth, and then you will tell your side of the story and show the Court your papers and other evidence. It’s up to you to prove your claim.
Next, the Court and the defendant may ask you questions about the case.
If you have witnesses, they will take an oath and testify next. The Court and defendant may ask them questions, too.
Then the defendant takes an oath and tells their side of the story. The defendant can show papers and other evidence, and witnesses can testify on their behalf. Before they testify they must also take an oath to tell the truth. You (the claimant) and the Court can ask the defendant and the defendant’s witnesses questions.
You may ask the Court to question the defendant about their name or assets, such as a car, a house, or bank accounts. This information may help you collect your judgment if you win your case. You may also ask the Court to restrain (stop) the defendant from getting rid of the assets.
The Court doesn’t usually make a decision right away. In most cases, the Court will mail its decision within 30 days.
DEMAND LETTERS
Demand Letter for the Immediate Collection of Debt
[DATE]
Via: [Mail, Email]
[RECIPIENT: LAST, FIRST]
[RECIPIENT STREET ADDRESS]
[CITY], [STATE] [ZIP]
Re: [INVOICE/TRANSACTION]
Total Amount Outstanding: $ x,xxx.xx
Dear Mr./Ms. [LAST NAME],
I am reaching out to collect the above debt [DUE TO X TRANSACTION]. The amount that is presently due is $
x,xxx.xx. Please construe this letter as a demand for immediate payment. I am attempting to collect this debt, and
any information I obtain will be used for that purpose. I ask that you promptly send payment directly to us by
check or money order, payable to [RECEIVER NAME, MEANS OF PAYMENT, ADDRESS/CONTACT/SOURCE]
If this matter is disputed, or you are unable to pay the balance in full, I ask for your courtesy and cooperation in contacting me as soon as possible at [PHONE NUMBER/EMAIL] between the hours of [X AM/PM and X AM/PM].
Kindly note, if we do not hear from you by the close of business on [THIRTY DAYS FROM THE DATE OF THIS LETTER] I will be forced to take further measures necessary to collect this debt, such as legal action.
Very truly yours,
By: [SENDER]
Reach out to Saatvik Amaravthi
sa983@cornell.edu or anyone else with Lexis Plus for this source with the non-debtor letters. Many of the examples are specific to the case. Samples include:
Sample Federal Torts Claim Act Demand Letter
Sample Demand Letter to Store Alleging Premises Liability (Personal Injury)
Sample Settlement Demand Letter to Insurer After Event (Personal Injury and Property Damage)
Sample Notice of Intent to File Malpractice Claim (Medical and Legal)
Sample Demand Letters to Employer Requesting Personnel Record
Sample Notice of Payment Default
Sample Notice of Termination of Lease (Commercial and Residential)
Notice to Quit for Nonpayment of Rent (Commercial and Residential)