Purpose
The Small Claims Court permits you to recover, without retaining a lawyer, up to $5,000 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 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.
Note to Businesses
Any corporation, partnership or association can sue a resident or business for up to $5,000 under a simplified procedure somewhat similar to the Small Claims Court system available to individuals.
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 $5,000, 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.
Where to Sue
On Long Island and in the Mid-Hudson region, individuals must sue in the town where the party you are suing lives or works. In New York City, one party must work or reside in the borough where the suit is brought and the other must work or reside in any of New York City's five boroughs.
- Manhattan:
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111 Centre Street, New York, NY 10013 212-374-8174
170 E. 121st Street, New York, NY 10035 212-369-8811
- Queens:
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120-55 Queens Blvd. 718-520-3610
Kew Gardens, NY 11424
- Brooklyn:
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141 Livingston Street 718-643-5069
Brooklyn, NY 11201 718-643-7914
- Staten Island:
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927 Carleton Avenue 718-390-5416
Staten Island, NY 10310
- Bronx:
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851 Grand Concourse
Bronx, NY 10451
718-590-3601
- Mid-Hudson and Long Island Region:
- Contact the Small Claims Court of the town in which the defendant works or resides.
How to Sue
- 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.
- Pay the clerk a small filing fee. ($5 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.
- 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 judgment if you win.
- 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.
- 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 judgments, 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. Arbitrators' decisions are final. A judge's decision may be appealed. You should consider hiring a lawyer if you chooseto 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 judgment.
The Judgment
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 judgment 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 judgment and they will mail you a check for the amount collected.
Commercial Claims Court
The New York State Legislature has authorized a new court section to be established throughout New York State to handle suits with monetary value up to $2,000, plus interest and costs, brought by entities such as corporations, partnerships or associations. The manner in which such suits will be handled is similar to the way Small Claims lawsuits by individuals are now handled.
Who May Sue?
To sue in New York City, the business or association must have its principal office in New York City, and the defendant must reside in, have a place of employment in, or have an office for the transaction of business in New York City. (To sue elsewhere in New York State, the plaintiff may have its principal office anywhere in New York State, and the defendant must work, live or have an office in the locality where the court is located.)
No organization engaged in the business of collection or adjustment of claims may buy or solicit the purchase of debts for the purpose of bringing action under this new law.
No organization may bring more than five lawsuits per month to these new courts.
A corporation may designate any officer, employee or attorney to appear for it in court, providing the representative has been given authority to bind the corporation in a settlement or trial.
Filing Fee
The fee for bringing suit has been set at $20.00 plus the then current cost of on first class letter and one certified letter.
The New York City Civil Court Information Line (212-791-6000) has general information on all City civil courts, including Small Claims Court.
Manhattan: 111 Centre Street, New York, NY 10013 212-374-5776
Queens: 89-17 Sutphin Blvd. Jamaica, NY 11430 718-262-7135
Brooklyn: 141 Livingston Street Brooklyn, NY 11201 718-643-7914
Staten Island: 927 Castleton Avenue Staten Island, NY 10310 718-390-5421
Bronx 851 Grand Concourse, Bronx, NY 10451 718-590-2693
For the Mid-Hudson and Long Island region, contact the Small Claims Court of the town in which the defendant works or resides.
For more information on any courts within New York State, you may visit: www.courts.state.ny.us.