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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114042
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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$15,000 money damages NYC -- forms, court and procedure,

Customer Question

$15,000 money damages NYC -- forms, court and procedure, please. Designer left after deposit given and over months provided no decorating service.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Here are the forms you need: https://www.nycourts.gov/courts/11jd/supreme/civilterm/court_help_forms.shtml
You have to fill out a complaint and a summons. You file the complaint with the clerk of your Supreme Court Civil Division and pay the filing fee. Then once you filed the suit with the clerk, you serve the defendant with a copy of the complaint and summons to answer. They have to file a written answer with the court and send you a copy. Once they have answered, then you proceed with your case. If you need discovery, such as need them to produce documents, you served them with discovery requests such as interrogatories or request for production of documents. If you are going to do this suit without an attorney, then you need to become very familiar with the NY Rules of Civil Procedure; http://www.newyorkcplr.com/
Also, you need to become very familiar with the Rules of Evidence: http://law.justia.com/codes/new-york/2006/civil-practice-law-rules/idx_cvp0a45.html
The NY courts treat pro se litigants no different than attorneys, so you need to follow these rules.
Customer: replied 1 year ago.
Breach of contract for $15,000 in NYC.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Did you read the above reply or did our answers get crossed. I gave you the information. None of this is done like cookbooks with preprinted forms. You have to fill out the forms yourself and file them as I said above. The site I gave you to the forms also has an instruction sheet to aid you in filing your complaint in court for breach of contract. This has to go to Supreme Court Civil Division, it cannot go to small claims, too much money involved.

Customer: replied 1 year ago.
The link to forms for summons and complaint are for Queens. Please send link to forms for Manhattan. Also, may I sue for breach of contract since the designer quit without leaving an iota of design material or anything at all. Her email stated we did not respect her design process, period.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It does not matter if it was Queens or not, the court forms are ALL the same in NYC, you only have to modify it by putting in Manhattan instead of Queens, because the Manhattan district does not have links on there site, here is what Manhattan provides though with forms you can use as templates and instructions: http://www.nycourts.gov/courts/1jd/supctmanh/Self-Rep%20Forms/Commence2.pdf
Yes, you are suing for breach of contract for them not completing the job or leaving the materials you paid for already.

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