Has anyone sued in NYC small claims?

[KCG116]

I would like to connect with people who have to get some advice as to navigating here.

I had other small claims cases in the past where the other side did not show and I was sent to "inquest". (This means that as long as you prove your case to the arbitrator you get your judgment). These are lawyers, not judges and so they don't know all the laws/previous cases as well and this has caused some issues. I have two cases that had to be sent to the judge AFTER the arbitrators because they could not handle it and three months later I still have no answer.

I just don't want the same thing happening in any cases I file against the collection agencies and CRAs.

I also have NOT been able to find an attorney here who will take these cases to small claims for the "reasonable attorney fees" they are allowed to collect on top of the judgments. I would rather give it to an attorney if anyone knows of someone not on the naca list who handles these matters.

Thanks!

[fred_perkins]

You might try calling Fishman & Neil, LLP. They're pretty good at what they do and their office is on lower Broadway, just a block or two away from the courthouses. Phone # is in their website: http://www.consumeratty.net/index.php

If your complaints involve FDCPA violations by a collector(s) then the proper venue is federal court, not small claims. If you start out in small claims then the defendant(s) will likely have the case moved to federal court. The filing fees are of course higher and I believe you must have an attorney to file.

Many attorneys will take these cases on a contingency basis and cover the filing fee, so naturally they will charge as much as they can to recover for the time that they invest.