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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 55705
Experience:  32 years of experience practicing law and a businessman.
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Can you sue in NYS Small Claims Court for slander (oral de

Customer Question

Can you sue in NYS Small Claims Court for slander (oral defamation)?
Submitted: 8 years ago.
Category: Business Law
Expert:  Richard replied 8 years ago.

Yes, as long as you are only seeking money damages. You can only bring a case in small claims court for money. Also, keep in mind you can only seek an amount up to $5,000.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 8 years ago.
What is the legal basis for your answer, please cite one precendent>
Expert:  Richard replied 8 years ago.

Hi there. Small claims court decisions are not reported anywhere so it is not possible to cite you precedential cases.

 

The rules for small claim courts do not list every kind of actions you can bring; rather the rules set forth the limitations on who can sue and what kind of claim cannot be brought.

 

The Booklet on Guidelines to New York Small Claims Courts contains the following provisions:

 

Who?

Anyone 18 years of age or over can sue in Small Claims Court. If you are younger

than 18, your parent or guardian may sue on your behalf. Only an individual can sue in

Small Claims Court. Corporations, partnerships, associations, or assignees cannot sue. A partnership may bring a lawsuit in Small Claims Court in * District Court or City Court in Nassau County and in Suffolk County District Court 6 in Small Claims Court. They can, however, be sued in Small Claims Court. If you are a corporation, partnership or assignee, you can sue in the Commercial Small Claims Part.

 

What? Since the Small Claims Court hears suits for money only, you cannot sue in

Small Claims Court to force a person or business to fix a damaged item. You also

cannot sue in Small Claims Court to make a person or business fulfill a promise made in an advertisement, and you cannot sue for pain and suffering.

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 8 years ago.
The judge has asked me to cite a precendent for allowing my NYS Small Claims slander action to continue. Please give me something else to hang my hat on!
Expert:  Richard replied 8 years ago.
I will opt out and let one of the other experts take a shot at this.
Customer: replied 8 years ago.
I await a reply from another expert.
Expert:  Richard replied 8 years ago.
Good luck to you!