Legal Question in Civil Litigation in New York

Business Fraud

Do I need a Lawyer to file a complaint against a business that won't give my money owed?


Asked on 5/21/09, 6:31 pm

2 Answers from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: Business Fraud

You don't indicate how much money your matter involves or the basis of your complaint against the business.

In New York City the Small Claims Court has jurisdiction of claims up to $5,000. The process is designed to be a little less formal and user friendly for non-attorneys than regular Civil or Supreme Court and most plaintiffs in Small Claims Court don't have an attorney represent them. For larger claims above $5,000, in New York City the Civil Court has jurisdiction of claims up to $25,000 and Supreme Court has jurisdiction of claims over $25,000.

If your claim involves a licensed business, such as a contractor, moving company, etc., there may be City and State agencies that you can file a consumer complaint with, as well as the Better Business Bureau. If you are in New York City the Department of Consumer Affairs would be a good place to start (but they won�t necessarily help you recover any money � we have had clients previously file NYC Dept of Consumer Affairs complaints without any success before they turned their claims to us for collections and recovery).

Our firm represents people and businesses who are owed money from other businesses. We bring these cases in the Civil and Supreme Court. We typically handle non-payment collection matters on a contingency fee basis where our fees are a percentage of the recovery (and if no recovery there is no fee).

Please feel free to contact me at 8888678615 for a free initial consultation.

Please also feel free to visit the Frequently Asked Questions (FAQs) on our website as www.starrandstarr.com as well as the postings on our Blog (there is a link on the site to it) for more information regarding collections and debtor-credit matters.

The foregoing is intended as general information of interest to readers of this website and is not legal advice for your specific situation. Facts and circumstances not disclosed in your brief posting may materially affect your rights. You should consult with an attorney.

Best regards,

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Answered on 5/22/09, 10:22 am
Randall Brett Law Office of Randall P. Brett

Re: Business Fraud

You can file the complaint on your own and represent yourself in court. However, unless the amount in question is small, I wouldn't recommend doing it this way. A lawyer will know whether the best strategy is filing a suit or trying to negotiate a settlement. In some cases (and your's may be one - you don't provide any facts on your dispute), a government agency may assist you in recovering money. You should consult a lawyer to learn about your rights and how to exercise them.

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Answered on 5/21/09, 6:46 pm


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