Small Claims Court

The purpose of Small Claims Court permits you to recover, without retaining a lawyer, up to $3,000 from individuals or businesses residing or having a place of business in the city or town in which the court sits.

Why Use Small Claims Court?
You can sue for any type of damage that can be translated into a dollar amount. For example, you may sue a store that sells you a defective product, a repair service that does not do the work you paid for, or an employer who refuses to pay your wages.

Who May Sue?
Any person over the age of 18 may file a Small Claims Court action. If you are under 18, a parent or legal guardian must file and appear for you. An individual who sues need not be a resident of New York State.

When To Sue?
When any person or business causes damage to you or your property which can be translated into a dollar amount up to $3,000 they may be sued. The case should be filed only after the other party refuses to pay voluntarily. However, you may lose your right to sue if you wait too long, so take action as soon as possible.

How To Sue:

1. Go to the clerk's office in the court where you are taking your case. The clerk's office is generally open 9:00 AM to 4:30 PM Monday through Friday and one night a week. Call the clerk to learn the exact daytime hours of a particular office and what night the office is open.
2. Pay the clerk a small filing fee. ($5.84 plus the current cost of postage to cover one first class letter and one certified letter.) If you win your case, the person you sue may be required to pay this fee back to you.
3. Give the clerk the name and home or business address of the party you are suing. The name should be complete and correct. If you sue the defendant under the wrong name, you may have difficulty collecting the judgement if you win.
4. Often the name that a business uses is not its exact legal name. If you are suing a business, look up its full legal name with the Secretary of State's Office in Albany
   518-474-6200, or with the County Clerk's office where the defendant works or resides. If possible, make a copy of the business' "Business Certificate" which is on file there. Take it with you to the clerk of the court where you want to sue. This certificate shows its exact legal name.
5. The Small Claims Court clerk will set a trial date 3-4 weeks from the date you file your claim and will give you a case number which you must keep for future reference. The Court provides a translator at specified times. Be sure to be scheduled  for one of those times if you need a translator and cannot provide your own.

Settlement:
Sometimes the defendant will make an offer to settle a case when he/she is notified that you are suing. Since settlement offers are much easier to collect than court judgements, it is often in your best interest to consider a reasonable offer. If you accept, put the agreement in writing, and you and the defendant must sign it. Then send a copy to the Small Claims Court clerk and ask that the agreement be put in your file.

Preparing The Case:
If the case is not settled, there will be a hearing. You should bring originals or copies of all relevant documents such as receipts, contracts, leases, canceled checks, etc. It will also be helpful to bring a record of any letters or phone calls between you and the defendant concerning the dispute. You may want to prove damage by bringing the damaged item(s) to court or showing photographs of the item(s) before and after the damage occurred. You may also introduce an itemized bill marked "paid" or a receipt or two itemized estimates for service or repairs as evidence of the reasonable value or necessity of repairs.

The Hearing:
The case is heard by a judge or, if both parties consent, by an arbitrator. If you choose an arbitrator, the case may be heard much sooner than if you wait for a judge, and it is conducted in an informal setting rather than in a courtroom. Even with a judge, a Small Claim proceeding is much more relaxed than a regular civil or criminal trial. While the rules of substantive law apply, the rules of practice, procedures, pleading and evidence do not apply. Arbitrator's decisions are final. A judge's decision may be appealed. You should consider hiring a lawyer if you choose to appeal.

Proceedings are simple. Each side has an opportunity to explain its position before the court renders "substantial justice". It is also possible to reach a settlement in the courtroom before the final hearing. The settlement will be entered into the records as a judgement.

The Judgement:
A decision is made within a few days of the hearing. A copy of the decision will be sent to you and the defendant. If the judgement is awarded in your favor, it will contain complete instructions on how to go about collecting the amount that has been awarded to you. You should contact the defendant and request prompt payment. If you are not paid within 30 days, contact the Sheriff or City Marshall. Give them the index number of the case. You will also have to tell them about the defendant's assets such as property or place of work. Try to find out where the defendant has a checking account and if he/she has a car (and where it is parked). You must pay a collection fee together with the amount awarded by the judgement and they will mail you a check for the amount collected.

The BBB suggests that before you take legal action that you file a complaint with us here at the Bureau. Certain cases may be eligible for arbitration which can be used as an alternative to court.

This information is general in nature and is not intended as a reliability report on any company, product, or service.