Once a contract dispute arises, New York residents considering suing the offending party for breach of contract may not know how their case will progress through the legal system. Below is a brief outline of what they should expect when they have started a breach of contract case
The first question that may arise is where should the injured party, or the claimant, sue? Generally, the claimant can sue in the county where either they or the other party lives. If none of the parties live within New York City, it may be possible to bring a case in the county where either party has either employment or a business address. If this is also not possible, it is not possible to file a claim in the Small Claims Court. Only an individual can initiate a lawsuit in the Small Claims Court, but corporations, partnerships and other entities can be sued in Small Claims Court.
The first step then is to the fill out a statement of claim in the Clerk’s office in the proper county. The statement includes the reason for filing, the contact’s name and address and the name of the person being sued. The amount of the claim may also need to be mentioned.
Court fees must also be paid, depending on the amount in dispute. The clerk gives a time for the hearing and it is possible to request that the claim be heard during the day if there are reasons why parties may not be able to attend in the evening. The Court will notify the defendant by serving a notice to them. The claim will not proceed further until the defendant receives a notice of the claim.
The claimant should then gather evidence, either in their own possession or through a subpoena to get records that are not in their possession.
Before getting involved in the system, it is important to know just how the system works. It is also important to ensure all information in each form is filled out correctly and that evidence is gathered quickly. An experienced attorney can guide New York residents through the process of a breach of business contract case.