Need to Know Section
- What is SBI Legal Assistance?
-
Group Legal Services was developed from a pilot program of a student-run Legal Aid Clinic. This pilot program was a loosely organized legal aid clinic that was funded by the Student Association and was staffed by student volunteers. A practicing attorney visited the office for several hours each week advising students and offering direction and suggestions to the direction of the program. The success of the Legal Aid Clinic facilitated the formation of GLS as a consolidated, permanent service. The Student Association appointed a committee to assist in the development of a broader system, with increased economic and administrative viability. Out of this committee process the current GLS program was finally created. In 1977, administrative control of GLS was shifted from the Student Association to Sub-Board I, Inc., which was previously formed in 1970. Sub-Board I, Inc., through mandatory student fees, currently manages and funds GLS.
- What issues can SBI Legal Assistance advise on?
-
GLS provides free legal consultation, without an appointment, to all University students. SBI's staff of attorneys is retained from the law firms of Allen and Lippes, and Bloom, Shonn and Neubeck. These attorneys maintain an office on the Amherst Campus at 377 Student Union and are present Monday through Friday during normal business hours. GLS also provides extended hours to accommodate students who attend classes during the late hours (after 5PM). The staff attorneys have ample experience and continually demonstrate a genuine interest in serving our student body. They are easily accessible and are sensitive to the concerns of the students, thus making any legal experiences as comfortable and understandable as possible.
- Leases
-
GLS has developed, with consultation from attorneys, a number of "plain language" leases and sublet leases to aid students that are unclear in the terms of a lease. Attorneys also provide advice to students who have questions about their rights as tenants. From 1994-2001, GLS had an estimated 2000 students seek advice concerning a landlord-tenant issue — nearly 40% of the total clientele! Given the frequency of landlord-tenant issues, all of the staff attorneys are well versed in generally accepted landlord-tenant laws, in addition to the laws specifically governing New York State.
GLS strongly recommends that all students have their lease reviewed by an attorney PRIOR to signing the agreement. It is of paramount importance that the student fully understands the terms of the lease to ensure that there are no deceptive or confusing aspects to the contract.
- Vehicle and Traffic Issues
-
GLS attorneys are also experienced in advising students concerning the liability, procedure and consequences of traffic violations. Generally, the attorney's knowledge of the process can ease the concerns of students facing speeding tickets, or more serious traffic violations. Information can be obtained at the GLS office about car insurance, New York State's Lemon Law, what to do at an accident, and the ramifications of traffic violations. GLS attorneys frequently advise students as to what they can expect, and what their possible courses of action are. On average, an estimated 12% of the students seeking legal advice are concerned with vehicle and traffic issues.
- Court Procedures
-
Students can receive information concerning the proper legal procedures to be used in court, and what procedure is used in proceedings commenced against them, as applied to the particular circumstances. In addition to individual advice, pamphlets are available detailing the procedures of Small Claims Court in New York. Generally, advice concerning a student's involvement in the criminal justice system is tailored to an individual's situation. Approximately 800 students (16% of the total clientele) sought counseling concerning court procedures between 1994-2001.
- Other Issues
-
GLS attorneys are required to be prepared to discuss and advise on a varied list of topics, including: bankruptcy, class actions, consumer fraud issues, the enforceability of contracts, employment disputes, domestic and family-related law (divorces, etc.), immigration regulations, insurance, student loans, discrimination, name changes, power of attorney, copyright and publishing issues, and other, less common issues
Offered Services Overview
- Free legal advice from an attorney for off-campus legal issues.
- Free consultation and representation from a student defender for on-campus student conduct code issues.
- Free notarizations.
- Seminars on selected legal topics.
Important Points
- For federal, state, and local legal issues, we provide free legal advice for current UB students from an attorney, not representation.
- For off-campus legal issues, attorneys cannot advise on matters between two UB students.
- For on-campus student conduct code issues, we provice free consultation and representation for current UB students.
- We do not make appointments, advice can be obtained by walk-in only.
- There are no phone or e-mail consultations, only in-person during our normal office hours.
- To meet with an attorney or student defender, you must be a current UB student and have a valid student ID with you.
- If you would like to have a form notarized, we provide that service, but the form must be unsigned at the time of notarization.
Student Defenders
On-Campus Legal Issues
- Trouble with the on-campus Student-Wide Judiciary (SWJ)?
-
If you will be seeing a University Advisor in the near future in regards to a student conduct code violation, you're probably wondering exactly what's going to happen and who you're going to talk to.
The University Advisor represents the interests of the University, and ought be referred to as the Campus Prosecutor.
All students charged with violations of the University Student Conduct Rules are permitted to have a student advisor present at all matters heard before SWJ.
SBI Legal Assistance has a full roster of U.B. law students, known as Student Defenders, that act in this advisory capacity, free of charge.
We recommend speaking with a Student Defender prior to any meeting with an SWJ University Advisor.
- How can I obtain assistance from a Student Defender?
-
SBI Legal Assistance is located at 377 Student Union, and is open Monday-Friday from 12 noon to 5pm. Student Defenders are available by walk-in only (we do not make appointments). There will always be a Student Defender available in the office to speak with you.
If you wish to speak with a Student Defender, tell the University Advisor as soon as possible. The University Advisor should allow you to call SBI Legal Assistance (645-3056) and allow you to reschedule the meeting with the Student-Wide Judiciary.
At that point, you should consult a Student Defender as soon as possible. The foremost function of a Student Defender is to inform you of your rights and to provide you with an overview of the SWJ process.
Once you talk to a Student Defender, that defender will evaluate your case and offer you advice based upon his or her experience with the SWJ process. The ultimate decision-making power always remains with you.
If you are unsatisfied with your Student Defender, you may request a consultation with the Chief Defender or Director of SBI Legal Assistance.
You may also resolve the matter directly with SWJ, without the aid of a Student Defender.
More information about the SWJ and the on-campus legal process can be obtained through the Student-Wide Judiciary web site.
Off-Campus Legal Issues
- What services does SBI offer for off-campus legal issues?
-
SBI Legal Assistance provides free legal consultation (not representation), without an appointment, to all current University students.
SBI's staff of attorneys maintain an office at 377 Student Union and are present Monday through Friday, between 12 noon and 5pm. They are retained from the law firms of Allen and Lippes, and Bloom, Shonn and Neubeck.
- How can I meet with an attorney?
-
If you'd like to meet with an attorney and you are a current UB student, come to 377 Student Union, with your UB student ID card.
The attorneys are available Monday-Friday, 12pm-5pm, by walk-in only (we do not make appointments).
Our attorneys will give consultation on a variety of legal topics at no charge. Please note that we do not offer free representation by an attorney.
- What types of issues could an SBI attorney advise me on?
-
Our attorneys can advise on a wide-variety of legal issues, some of which involve:
- Landlord-Tenant
- Vehicle & Traffic
- Immigration
- Court procedures
- Copyright & publishing
- Bankruptcy
- Class action lawsuits
- Consumer fraud issues
- Employment disputes
- Insurance
- Family law (divorce, etc)
- Contracts
- Student loans
- Discrimination
- Name changes
- Power of attorney
For more information about our attorneys, visit SBI Attorney Information.
General Questions
Contracts
- What is a contract?
-
A contract is a promise enforceable in a court of law. A contract may be formed when two or more parties each promise to perform or refrain from performing some act now or in the future. Such promises need not be in writing to constitute a valid contract, but some contracts need to be written to be enforceable.
Copyright
- What is a copyright?
-
A copyright is the set of property rights that arise on creation of "original works of authorship fixed in any tangible medium of expression." 17 USC section 102(a). Creation of a work brings rights of ownership including: sale, licensing, display, performance, modification, destruction, gift over, reproduction, distribution, and creation of derivative works. Since a copyright is intangible, make sure the granting of any of these rights is in writing.
- What is Fair Use?
-
Fair use is the theory that advancement of knowledge requires reasonable tolerance of scholars using work of others. The fair use theory has been codified in 17 USC section 107. Fair use acts an exception to an author's exclusive copyright for the purposes of criticism, comment, news reporting, teaching, scholarship, and research. Courts use four statutory factors to determine if fair use has been appropriate or exploited.
Fair use doctrine is best described by example: If Corporation X buys a few copies of many scientific journals and periodicals. Its library copies the entire issue and articles at the scientist's request (many and often). Journal X owns the copyrights to some of the journals and sues Corporation X for copyright infringement. Corporation X asserts the fair use doctrine as its primary defense.
Discrimination
- What is discrimination?
-
Webster's Dictionary defines discrimination as "…to make a difference in treatment or favor on the basis of other than individual merit." Basically, this means treating people differently. Not all discrimination is illegal. For example, an employer can fire a person for disliking their personality, or a restaurant can turn someone away for lawful reasons.
- What are civil rights?
-
A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury. Examples of civil rights are freedom of speech, press, assembly, the right to vote, freedom from involuntary servitude, and the right to equality in public places. Discrimination occurs when the civil rights of an individual are denied or interfered with because of their membership in a particular group or class. Statutes have been enacted to prevent discrimination because of a persons race, sex, religion, age, previous condition of servitude, physical limitation, national origin, and in some instances, sexual preference.
- What can I do if I'm being discriminated agsinst at UB?
-
Complaints regarding any violations of nondiscrimination laws or policies should be made to the Diversity, Equity, and Affirmative Action Administration Office, Suite 108, The Commons, 645-2266.
DWI
- Where do arrests for Driving while Intoxicated typically happen?
-
Arrests for Driving While Intoxicated (DWI) happen everywhere. If you believe that the dangers and hazards directly related to DWI happen in someone else's backyard, think again. In 1990 there were 4,096 reported arrests in Erie County. In Niagara County there were 1,077 reported arrests. If these numbers seem high, remember the consequences that result from such activity and the reality of such irresponsible conduct is readily apparent.
- What's the difference between DUI and DWAI
-
DWI laws in New York State have been stringently revised with a focus on tougher minimum and maximum sentences for individuals convicted of DWI and driving while ability is impaired (DWAI). The following is a brief summary of the current DWI and DWAI laws:
- DWAI – BAC .05% to .09%
-
For a first offense, the individual is subject to a fine of no less than $350.00 but no more than $550.00 and/or up to 15 days imprisonment in a penitentiary or county jail.
For a second offense within a five-year period, the individual is subject of no less than $550.00 but no more than $750.00 and/or up to 30 days imprisonment in a penitentiary or county jail.
For a third offense within a ten-year period, the individual is deemed guilty of a misdemeanor, punishable by a fine of no less than $750.00 but no more than $1,500.00 and/or up to 180 days imprisonment in a penitentiary or county jail.
- DWI – BAC .10% and above
-
For a first offense, the individual is deemed guilty of a misdemeanor, punishable by a fine of no less than $500.00 but no more than $1000.00 and/or up to 1-year imprisonment in a penitentiary or county jail.
For a second offense within a ten-year period, the individual is deemed guilty of a class E felony, punishable by a fine of no less than $1000.00 but no more than $5000.00 and/or imprisonment in a penitentiary or county jail as determined by statute.
Landlord and Tenant Responsibilities
- What is a lease?
-
A lease is a contract whereby the landlord (lessor) agrees to permit a tenant (lessee) to have possession of his/her property for a fixed period of time. In exchange, the tenant must make a payment of rent and carry out non-monetary obligations of the lease. As long as a tenant complies with provisions of the lease and pays his/her rent on time, the landlord may not sue him/her for money or evict him/her from the property.
- What is different with unwritten leases?
-
Many students enter verbal agreements on a periodic basis – weekly or monthly. A week-to-week or month-to-month agreement is renewed each time the tenant pays his rent. Either party, with 30-day notice, can terminate the month-to-month agreement. If you are paying rent on the first of every month and on the ninth of the month, your landlord serves you with notice to vacate, you must vacate by the end of the following month. Since you've already paid this month's rent, the 30-day notice applies to next month's rent. Notice doesn't apply to the current month if you've already paid the rent without notice to vacate. Notice can be verbal, but for safety, notices should be written and mailed via "Certified Return Receipt". A termination doesn't require that there be any reason or violation of the lease. Once you have given proper notice to the landlord of you intention to leave the premises, you may not change your mind and remain with a new agreement with the landlord. A lease for longer than one year must be in writing.
The amount of payment you give to the landlord should be clear and specific. You should have a clear agreement when payment is due. New York State law requires that the landlord give you a receipt for each payment, and for the security deposit, if paid in cash. If you have a month-to-month or oral lease, the landlord must give proper notice of an increase in rent, usually 30 days. There are only limited circumstances when rent may be properly withheld. Students should consult Group Legal Services or an attorney when contemplating such action.
Changes to rental agreements are not enforceable unless both sides agree. Rent regulation may also prohibit changes to the agreement. In the absence of an agreement to raise the rent, an owner can either accept the lesser rent or give a notice to terminate such a periodic tenancy, at least thirty days before the final day of the next monthly term.
- What is sub-letting?
-
Sub-letting is a situation where a tenant, who holds a dwelling unit through either a written or oral lease for a specific period, rents out the premises to another party for a period during his own term of occupancy. A sub-lease may either be written or oral, except if the sub-lease exceeds one year, in which case the agreement must be in writing. The original "prime" tenant remains responsible to the landlord for rent and damages even if the sub-letter pays directly to the landlord. Prime tenants are well advised to obtain a substantial security deposit in order to cover the possibility that the sub-letter may fail to fulfill his/her part of the agreement.
Students under written leases should review the terms of the lease regarding the right to sub-let. A presumed "right to sub-let" under New York State law applies only to buildings of six or more independent units.
- How do I file a complaint regarding repairs?
-
What do you do if you find yourself in the midst of a Buffalo winter, freezing to death due to a lack of heat in your apartment? What do you do if the plumbing is clogged up because of the 16th-century vintage pipes that needed replacing in 1880? Try to discuss the matter with the landlord first, and ask him/her to make the necessary repairs. A written demand should follow if the landlord takes no action. If your complaint falls upon deaf ears or is met with unfulfilled promises to make amends, file a formal complaint.
If the problem concerns health or safety, report the problem to the Erie County Health Department. Housing Code violations should be reported to the City Division of Housing and Building Inspectors. The responsibilities of the two departments overlap considerably.
Erie County Health DepartmentHealth Information(716) 858-7690City of BuffaloDepartment of Inspection(716) 851-4949After you contact one of these agencies, an inspector will examine the premises.
Remember to:
- Arrange to be at your apartment or have a friend be there in order to draw attention to specific violations.
- Have the inspector examine the ENTIRE unit and list each violation separately.
- Get the inspector's name, and record the date of the inspection.
- Request a copy of the inspector's report – if possible.
When a violation is found, the inspector will notify the owner. In cases that aren't extreme emergencies, the landlord will be given 30 days to remedy the problem. The primary aim of the program is to induce voluntary compliance. Fines and imprisonment are used as a last resort. The Housing and Property Code makes the owner responsible for the elimination found on his/her premises, regardless of any lease between the owner and occupants. However, if the tenant has caused the problem, the provisions of these ordinances could be turned against the tenant.
Law School
- How do I apply for law school?
-
The first step for applying to law school is to obtain a copy of the LSAT/LSDAS Registration and Information Book. Those information books are available at most campus Career Centers, the Law School, and copies can be requested via the Internet. The LSAT registration fee, as of 2007 is $123.00. LSAT/LSDAS Checklist:
- Prepare for the LSAT
- Research law schools and compose a schedule of application deadlines
- Register for the LSAT and LSDAS
- Receive a LSAT Admissions Ticket
- Receive an LSDAS Subscription Confirmation
- Receive a Law Services Activity Update every month when activity occurs
- Request that an official transcript be sent to LSAC from all schools attended
- Request letters of recommendation be sent to LSAC
- Take the LSAT
- Receive LSAT score
- Receive master law school report once all transcripts are submitted and summarized
- Apply to law schools, they will request reports from LSAC
- Receive Activity Update that indicates reports have been sent to law schools
- What is the Law School Admission Test (LSAT)?
-
The LSAT is a standardized test required for admission to law schools. It provides a measure of acquired reading and verbal reasoning skills that law schools can use as a one of several factors in accessing applicants. The test consists of five 35-minute sections of multiple-choice questions. Four of the five sections make up the score. These sections include one reading comprehension, one analytical reasoning, and two logical reasoning. A 30-minute writing sample is administered at the end of the test. The writing sample is not graded, but copies of the sample are sent to the schools that you apply to. If you want to do well on the LSAT, it's very easy: STUDY, STUDY, STUDY, and PRACTICE, PRACTICE!!!
- Reading Comprehension Question
-
These questions measure your ability to read with understanding and insight, which are materials of similar length and complexity that are commonly encountered in law school. The passages consists of approximately 450 words, each passage followed by five to eight questions testing comprehension skills.
- Analytical Reading Questions
-
These questions are designed to measure your ability to understand a structure of relationships and to draw logical conclusions about that structure. You are asked to make deductions from a set of statements, rules, or conditions that describe relationships among entities such as persons, places, things, or events. The questions simulate the kinds of detailed analyses of relationships that a law student must perform in solving legal problems.
- Logical Reasoning Questions
-
These questions are designed to evaluate your aptitude for understanding, analyzing, criticizing, and completing a variety of arguments. Each question requires you to read and comprehend a short passage, then answer one or two questions about it.
- What is the American Bar Association
-
The ABA is the national organization of the legal profession. It is composed principally of practicing lawyers, judges, court administrators, law professors, public service attorneys, many non-practicing lawyers who are business executives, government officials, etc., and law students. It is the world's largest voluntary professional association. It serves a dual role as advocate for the profession and for the public.
Lawyers
- How would I go about selecting an attorney?
-
In selecting a lawyer, the consumer should take the same careful steps that one takes in choosing a physician or a dentist, or a home contractor. If you do not know a lawyer, ask friends, neighbors, or others whose opinion you respect for a recommendation. There are also statewide referral services, operated by state, county and city bar associations that will find you a list of attorneys. Legal consumers have a wide variety in choices in law firms. They include sole practitioners, small, medium and even "mega-sized" firms with hundreds of lawyers on staff. Thoughtful consumers should take a law firm's size into account, particularly if the legal matter contemplated might cover a period of years. Larger, better-established firms that have been around since the Civil War have a higher likelihood of being in business in five years. There's wide variety of attorneys out there for your consideration. We've all seen the advertisements on television and on the highway… but choose carefully!
- What does a confidential relationship entail?
-
When a client hires and attorney, a confidential relationship is created between the two. The lawyer's primary task is to make sure that the client's legal rights are fully protected. Lawyers must represent their clients zealously. They must also preserve confidences and secrets that are revealed to them in the course of an attorney-client relationship. The client has the right to make the final decisions on the objectives to be pursued in the client's case, despite the wishes or recommendations of the attorney. An attorney cannot refuse to represent a client on the basis of race, creed, sex, color, sexual orientation, age, national origin, or disability.
- How do I complain about a bad lawyer?
-
The authority to regulate and discipline attorneys in New York is the Appellate Division of the Supreme Court. There are four regional Appellate Divisions, and each have Grievance Committees to investigate and prosecute attorney misconduct. Lawyers engaged in malpractice, deceit, fraud, theft and the misuse of client funds (among other illegal and unethical activities) are grounds for professional discipline. Attorney Grievance Committees accept written complaints of professional misconduct concerning lawyers with offices in their region.
Below is a list of the Attorney Grievance Committees for New York State:
- First Department
-
New York and Bronx Counties
Department of Disciplinary Committee41 Madison Avenue, 39th FloorNew YorkNY10010(212) 685-1000 - Second Department
-
Kings, Richmond, Queens Counties
Attorney Grievance Committee210 Joralemon Street, 12th FloorBrooklynNY11201(718) 624-7851 -
Nassau and Suffolk Counties
Attorney Grievance Committee6900 Jericho TurnpikeSyossetNY11791(516) 364-7344 -
Dutchess, Orange, Putnam, Rockland, and Westchester Counties
Attorney Grievance Committee399 Knollwood Road, Suite 200White PlainsNY10603(914) 949-4540 - Third Department
-
Albany, Broome, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Madison, Montgomery, Otsego, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Schuyer, Sullivan, Tioga, Tompkins, Ulster, Warren and Washington Counties
Committee on Professional StandardsAES State Office Building, 22nd FloorP.O Box 7013, Capital State AnnexAlbanyNY12225-0013(518) 474-8816 - Fourth Department
-
Herkimer, Jefferson, Lewis, Oneida, Onodaga, and Oswego Counties
Attorney Grievance Committee465 South Salina StreetSyracuseNY13202(315) 471-1835 -
Cayuga, Livingston, Monroe, Ontario, Seneca, Steuben, Wayne and Yates Counties
Attorney Grievance Committee50 East Avenue, Suite 404RochesterNY14604(716) 530-3180 -
Allegeny, Cattaraugus, Chatauqua, Erie, Genesee, Niagara, Orleans, and Wyoming Counties
Attorney Grievance Committee295 Main Street, Room 1036BuffaloNY14203(716) 858-1190
Health Care Proxy
- What is a health care proxy?
-
A "Health Care Proxy" is a document which allows you, as a competent adult, to appoint another person as "agent" or "attorney in fact" to make decisions for you regarding your health care in the event you lose your decision-making capacity or the ability to understand and appreciate the nature and consequences of health care decisions.
A New York State law called the Health Care Proxy Law allows you to appoint someone you trust to decide about treatment if you are unable to make that decision yourself. The term "agent" is defined as a person has authority to substitute their judgment as if it were yours. This law gives you the power to insure that health care professionals follow your wishes. Your agent can also decide how your wishes apply as your medical condition changes. Hospitals, doctors, and other health care providers must follow your agent's decision as if you made them yourself. You can give the agent as much authority as you want. You can allow your agent to decide about all health treatments, or only certain treatments. You may also give your agent detailed instructions that he or she is compelled to follow. Some states limit the applicability of detailed instructions in certain situations.
- Why should I choose a health care agent?
-
If you become too sick to make health care decisions, someone else must decide for you. Health care professionals often look to family members for guidance. But family members are not allowed to decide to stop treatment, even when they believe that is what you would choose or what is best for you under the circumstances.
Sexual Harassment
- What is sexual harassment?
-
Any unwelcome sexual advances, requests for sexual favors and other verbal or physical contact of a sexual nature constitutes sexual harassment when:
- Submission to such contact is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement;
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; OR
- Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance, or creating an intimidating, hostile, or offensive environment.
Conduct is unwelcome if the student does not invite or request such conduct and views it as offensive or undesirable. It is important to note that just because a student does not immediately speak out or complain does not mean conduct was welcome. Students may feel intimidated by the conduct and/or fell too embarrassed, confused, or fearful to complain or resist. Also, a student who willingly participates in such conduct may later decide the same conduct on a subsequent occasion has become unwelcome.
Small Claims Court
- What is small claims court?
-
The Small Claims court was created to provide a forum or people to obtain legal relief for small monetary claims without the need for formal legal processes. By using a simplified procedure and by eliminating the necessity of applying the technical rules of litigation, the Small Claims court enables a person to bring a lawsuit, without and attorney, for a monetary claim of up to $3000.00, exclusive of interests and costs. In order to bring a claim, the person being sued (defendant) must reside, or have an office for the transaction of business or regular employment, within the town or village that the court is located. The defendant must have a residential or business connection within the particular town or village in which the court sits.
You may only sue in Small Claims court to recover monetary damages. For example, you would be able to bring an action in Small Claims if you believe that a person or business damaged something you own, and you wish to be compensated. You cannot, however, sue in Small Claims to compel that person or business to fix or replace the damaged item nor to require the performance of an act promised by the person or business.
- How do I start a small claims case?
-
You must go to the Small Claims court to file a statement of you claim. You should be prepared to give a brief statement of the facts that form the basis for your claim. Check any documents relating to your case for relevant dates and names. If you are suing for property damage or a breach of contract, you may also claim interest as well as damages. You will be required to pay a nominal filing fee. You should contact the Small Claims court where you are filing your claim to find out the amount of the required filing fee. The fee includes the cost of filing the claim as well as the cost of mailing the notice of claim to the defendant. The notice of claim provides a brief statement of your claim, including the amount you are seeking to recover, and advises the defendant when the case will be tried. Once the claim is filed in the clerk's office, the clerk will send the notice of claim to the defendant via first class and certified mail with return receipt requested. If the copy of the claim sent via first class mail is not returned as undeliverable within 21 days, the defendant is presumed to have received notice of the claim.
If the post office fails to deliver the claim, the court will set a new trial date and advise the person suing (claimant) how to arrange for personal service of the notice of claim on the defendant. Any person 18 years of age or older, who is not a party to the action, may personally serve the defendant. If service of the notice of claim cannot be made upon the defendant within four months of the date when the action was first commenced, the action will be dismissed without prejudice. An action dismissed without prejudiced means that the action could be brought again at a later date when the defendant has been served with the notice of claim. A Small Claim case will not proceed to trial until the defendant has been served.
Once the claim has been filed and the action commenced, the clerk of the court will furnish every claimant with information concerning the Small Claims court procedures. It will include information on terms and procedures, adjournments, counterclaims, jury trial requests, subpoenas, collection methods and fees, and more.
A list of local small claims courts, along with their phone numbers, can be obtained here.
Information Packets
SBI Legal Assistance has prepared a number of information packets on legal issues that concern students. They are available here for viewing on the web.