Choosing the right Court to start your NY commercial debt collections case is of utmost importance. The Court must have jurisdiction over the parties, power to decide the case. So, how do you know where your case should be brought?
Three factors contribute to the decision of where the NY commercial debt collections case must be brought and thus the amount of costs that must be advanced to start the case.
1. Choosing the New York Court that can hear the case based upon jurisdiction and the dollar amount of the case:
All lower New York Courts: Civil, District, Municipal Courts have a monetary limit.
In New York City the Civil Courts can hear a case if the amount owed is up to the monetary limit of $25,000.00. New York City Courts include: New York County (Manhattan), Kings County (Brooklyn), Bronx County (The Bronx), Richmond County (Staten Island), and Queens County (Queens).
Outside of New York City (outside of the five boroughs) the lower Courts (District or Municipal Court) can judge cases up to $15,000.00.
New York commercial debt collections claims that are in excess of the monetary limit of the lower Court in all of the 62 counties must be brought in Supreme Court. There are 62 Supreme Courts, one for each County in NY State.
2. Choosing the New York Court that has jurisdiction over the debtor/defendant:
The Courts must have jurisdiction over the parties. For example; in Civil Court, one of the parties must be located within the county that you wish to bring your case or the transaction must have occurred in that county. Civil, District, Municipal and Supreme Courts have their own rules and regulations as to what is allowed.
3. Choosing the Court that will benefit the creditor:
If after considering #1 and #2, you may have a choice of two or more Courts that could hear your case. We would choose the Court that could move the case forward to Judgment at the quickest speed. Each Court has its own staff of Judges, Law Clerks and Court personnel. Therefore some Courts have a greater volume of cases than others, while others have more delays in scheduling trial dates or rendering decisions.
To maximize recovery in a timely manner, use an experienced, knowledgeable NY commercial debt collections attorney to represent you. At FFGN, debt collection is our only business; we know how to effectively navigate the Court system to increase clients’ recovery. Let us help you collect. We have the experience that pays.
To submit your NY commercial debt collections case please call us at (212) 686-0100 or email Jocelyn directly at jnager@ffgnesqs.com.
