QUESTION

Difference between a civil suit and a small claims

Asked on May 28th, 2013 on Civil Litigation - New York
More details to this question:
I have been involved for 10 yrs with a man. We bought a house together about 6 yrs ago. everything was put in his name. He recently we broke up and he threw me out with a 3 day notice. I'm on SSD and my check went to the mortgage & was to pay everything else. What kind of a suit can I file against him, He also kept the electric in my name after telling me it was switched to his name & I have a 1200.00 bill now. And when I moved there were items that not there as he let his new girlfriend use/take with out my permission.
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2 ANSWERS

Appellate Practice Attorney serving Forest Hills, NY
Partner at Warren S. Hecht
1 Award
I am not going to repeat the information contained in a response sent by another lawyer. However, it is important to remember that the clock is ticking as to possible cause of actions you would have against you ex-boyfriend.  You do not want to be foreclosed by the statute of  limitations. Thus, you should make this a priority and  hire an attorney and bring  a lawsuit as soon as possible.  
Answered on May 28th, 2013 at 5:19 PM

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Appellate Practice Attorney serving New York, NY
A small claims suit is a type of civil suit involving a small amount of money.  In other words, all small claims suits are civil suits, but not all civil suits are small claims suits.  In NY, I believe the limit on a small claims suit is $6000, and the small claims court does not have the power to award remedies other than money, i.e. to grant you 1/2 ownership of the  house.  Thus, it does not seem as if a small claims suit would be appropriate here. Only the government can bring a criminal action; you must bring a civil suit.  There are many different civil causes of action, including breach of contract, fraud, conversion, libel, etc., etc., etc.  From the facts set forth in your email, there appear to be a number of causes of action which you can bring against your ex-boyfriend (all the claims would be included in one lawsuit), the most important of which seems to be a cause of action to establish a constructive trust over the house which you bought together but was titled in his name.  Your case is not a simple one which can be dealt with in email correspondence.  I'm sorry to say that it probably won't be simple, quick, or cheap to resolve.  If you can't afford a lawyer, you should speak to your local bar association about getting help pro bono (free).
Answered on May 28th, 2013 at 11:19 AM

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