Legal Question in Civil Litigation in Florida

Small claims in new york

I want to sue someone for unpaid bills from a house in Livingston County, NY. The people I want to sue used to live in Orange County, NY, but have moved to Florida. Can I still file my claim in NY court? Which county do I file in? (Can I file in the county that I am in now, Erie County?) If I have to file a claim in Florida, is there any way for me to get a waiver not to appear, considering that I am in law school and cannot afford to travel there?


Asked on 9/28/00, 7:40 pm

1 Answer from Attorneys

Andrew Campanelli Perry & Campanelli, LLP.

Re: Small claims in new york

If the "cause of action" arose in New York, you may sue a Florida resident in New York, in the county in which the cause of action arose. Whether that county is Livingston or Orange is unclear from your inquiry. If, for example, they owe you for these "house bills" because they lived in the house in Livingston, then Livingston would be the county in which to sue. If, they lived in Orange county, and are responsible for those bills because they entered some type of contract with you while they lived in that county, then Orange county would be the proper venue. As for suing them in New York State, under the Civil Practice Laws and Rules (CPLR) New York law provides a long arm statute under which you can sue them in New York. To do so you would be required to commence an action in a court of appropriate monetary jurisdiction. If the sum you intend to sue for is in excess of $15,000.00, you would sue them in New York Supreme Court. If it is less than $15,000.00 you would sue them in District Court, or a Civil Court, depending upon the city in which you sue. To vest jurisdiction within the court you choose, you must arrange for a Florida Sherriff to serve the defendant in Florida, in accord with the New York rules of process service contained in the CPLR. You should be able to find these easily in your law schools library. Good luck. Andrew J. Campanelli

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Answered on 10/29/00, 1:51 pm


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