Sorting a civil problem from a criminal one
Civil legal matters are disputes between people, businesses, or agencies about rights and obligations, and the usual remedy is money, an order to do or stop something, or a declaration of who owns what. A criminal case, by contrast, is brought by a prosecutor and can lead to a conviction. The same event can produce both, such as a car crash that leads to a traffic charge and an injury claim, and the two then move on separate tracks with separate rules. Knowing which track you are on, or whether you are on both, shapes who you talk to, what you say, and how quickly you need to act.
Where these disputes are heard
In New York, a civil case may belong in Supreme Court, which despite its name is a general trial court, in the Civil Court of the City of New York, in a county or district court, or in small claims. Some disputes go to Housing Court, Surrogate's Court, or Family Court, and others are sent to arbitration by a clause in a contract. Federal court is a possibility when federal law is involved, or when the parties are from different states and the amount at stake is large enough. Choosing the wrong forum can cost time, and every civil claim is subject to a filing deadline that varies with the type of claim. Some deadlines are much shorter than people expect, particularly when a city, a state agency, or another public body is involved.
Bringing it into a first conversation
Bring whatever written record exists: contracts, leases, invoices, emails, texts, photographs, and any papers you have been served with, including the envelope if it shows a date. If you have received a summons or complaint, tell us right away, because a response is usually due within a short period and ignoring it can lead to a default judgment. In a first conversation we try to pin down what the dispute is really about, who the right parties are, and which court or process fits. We also talk about cost, because the amount at stake and the cost of pursuing it need to make sense together. Sometimes the right next step is a letter, sometimes a filing, and sometimes a decision not to pursue the matter at all.
