These instructions are for use with the Suffolk District Court COMPLAINT FORM (DC-283). Check only one cause of action. In this County, the filing see is $10 (if the amount asked for is $1,000 or less) and $15 (if the claim exceeds $1,000). Who can use Small Claims Court? Mail or deliver the COMPLAINT FORM (DC-283) and FILING FEE to the Civil Division Courthouse where you want the claim to be heard. Small claims court cases are designed to be relatively informal (compared to normal civil cases). Arrange for service of process on each defendant. /Length 4009 When the judge or clerk calls your case, you should be prepared to tell the judge if you are ready for the case to proceed, ask for a continuance if you want one (and be ready to state a good reason for one), or any other request you may need to make. << The guardian ad litem is usually a parent, relative, or an adult friend. A court will only overturn a judgment if it is clearly erroneous. Some people find it useful to consult with an attorney before deciding whether to file an appeal. A plaintiff or defendant can choose to hire an attorney if he or she chooses. In arbitration, a person (called an arbitrator who is usually an attorney) will hear evidence of the case that each party presents. Attend the hearing and present your defense. endobj A plaintiff (sometimes called claimant) is the person who initiates or begins the lawsuit. Clerk Ms Deborah Jane Gardner Phone/Fax Phone: (757) 514-4822 Fax: (757) 514-7783 3105 Veterans Memorial Highway. The clerk will serve the notice of claim by mailing it to the defendant (this is what part of your filing fee funds). 21 0 obj Small Claims Court is a special part of the court where you can sue for money without a lawyer. There are four ways to serve the defendant: No matter which method of service you choose, the defendant must be served by a certain date or the trial will be postponed. Hornell, NY 14843. see the FEES page for the fee to "SMALL CLAIMS - File an action". Registered process servers will do this for you for a fee. If the court is small and does not have a clerk, a judge will usually fill this role. not the plaintiff or defendant) is brought into a case (usually by a defendant who feels the third party is partly responsible for the damage to plaintiff). 0000000914 00000 n You can present your own evidence and speak in layperson's terms Quicker Results: Small Claims Courts will generally schedule a hearing on your matter soon after you file a complaint. However, these entities are able to be sued in small claims court by people. In others, you must wait until your case is called. /Prev 41628 It is inexpensive and easy to use You do not have to have a lawyer >> A defendant may file a counterclaim against a plaintiff. Once 21 days have passed, the defendant is deemed served unless the first-class item was returned undeliverable. File a claim form (Plaintiff's Claim and Order to Defendant), and pay the filing fee; or, if you are a business, file a Fictitious Business Name Declaration, if appropriate. /TrimBox [0.0000 0.0000 612.0000 792.0000] 0000005297 00000 n As the plaintiff, you have a right to ask for a continuance in this case. Keep communication open. 0 You must be at least 18 years old to file a claim. This means that if the claim is assigned, the buyer cannot sue in the small claims court. Corporate entities, partnerships, and other entities cannot file in small claims court. This period is 15 days if the defendant lives outside the county. This rule is called venue. Persons who wish to file an off-hours (i.e. The small claims court locations are: Duanesburg Town Court 5853 Western Turnpike Duanesburg, NY 12056 Glenville Town Court 18 Glenridge Road Municipal Center Glenville, NY 12302 Niskayuna Town Court One Niskayuna Circle Town Hall Niskayuna, NY 12309 Princetown Town Court 165 Princetown Plaza Schenectady, NY 12306 Rotterdam Town Court You cannot do this yourself. FILING FEES If a defendant cannot be served by mail, then the clerk will provide you with instructions on how the defendant can be personally served. If mediation is not successful, the case remains in small claims court (with a trial). The rules are simple and informal. Website. 0000001202 00000 n Should I file in my case as a Small Claim or a regular Civil case? You can only sue for money. You can also ask for a continuance on the hearing date, but you need to be prepared in case the court refuses your request. These forms will ask for a statement of the case. Determine the exact amount in dispute. xref (607) 324-9887. A party is one a person, business entity, or public entity that is named as a plaintiff or defendant in a case. Address, Phone Number, and Fax Number for Suffolk County 5th District Court, a Court, at Veterans Memorial Highway, Ronkonkoma NY. Use the first and last name of the defendant (do not use their nickname). The statement should be brief and include a description of the incident that is the basis of your claim. The Small Claims Court is a special court where disputes are resolved inexpensively and quickly. The judge may decide the case at the time of the hearing or mail the decision to the parties later. You can ask for an adjournment by sending a letter to the court before your hearing date. Small Claims Information: The monetary limitation for small claims actions is $3,000. If you have a small claims case in Eastern Suffolk County, read pages 1-24 of this booklet and page 36. Who can use Small Claims Court? You must be a individual at least 18 years old, or an association, or municpal corporation, to file a Small Claim in Suffolk District Court. Small claims court rules and procedures are designed so that an attorney is not needed in order for a party to be adequately represented. You should check back with the court prior to the hearing to see if the receipt for certified mail was returned to the court. You cannot sue to make someone do something or for pain and suffering. Familiarize yourself with small claims court procedures. /Type /Page startxref If you do not do this, your case can be dismissed. %PDF-1.4 /T 41639 The Suffolk County Court is located in the Arthur M. Cromarty Court Complex, Criminal Courts Building, 210 Center Drive, Riverhead, New York 11901. Court rules require that the judge not enter a default judgment until one hour after the time set for the hearing. >> You should make it a habit to collect this information from all people you deal with. Consult with an attorney when you are deciding if you should file an appeal. The court will dismiss the case if the defendant cannot be served within four months. Ronkonkoma, NY 11779 (631) 208-5775. Contact the plaintiff and try to resolve the dispute, Familiarize yourself with small claims court procedures. /Font << /F12 11 0 R /F17 16 0 R >> /H [ 721 193 ] Any person who is 18 or older can sue in Small Claims Court. >> If you cannot decide, pick #85. /MediaBox [-0.0000 -0.0000 612.0000 792.0000] /Parent 4 0 R Only the court can give you a continuance (even if you have talked to the other party and agreed to a later date). You may also wish to use the marshal or sheriff or a registered process server. If you do choose arbitration, your case can be heard far quicker than waiting for a judge to hear it (which is something to keep in mind if you want a quick resolution to your case). Attorneys are not allowed. Steuben County Small Claims CourtSmall Claims Court cases are heard in the town or village court for Steuben County. 9 0 obj Only a defendant can make the request for a jury trial. A small claims case is a legal action filed in county court to settle minor legal disputes where the dollar amount involved is $8,000 or less. 8 0 obj If the defendant is a person, your job is pretty easy. The Filing Fee is determined by the amount you are suing for in the area Total amount of damages.. trailer You cannot ask the court to order a defendant to do something (like fix your property damage or fulfill the terms of a contract). TYPE or PRINT the reason you are suing in the area Briefly state details of your claim. Do not attach. x]0s_9Iv/!yC*2Y. ), Prepare for the hearing. Your claim cannot be for more than $10,000.00. 2. 0000034917 00000 n You should also send a copy of the letter to the other party. << stream /Names << /Dests 2 0 R>> There is usually no charge for mediation (but there may be a small filing fee). /Pages 4 0 R You cannot sue to make someone do something or for pain and suffering. In Virginia, these cases are heard in the General District Court. In small claims court, individuals can sue for up to $3,000. Try to avoid a court judgment from being entered against you, since it may appear on your credit record. You will also have to provide their address. Small Claims is affordable and fast, with simple and informal rules. Small Claims Court: Is inexpensive and easy to use, You do not have to have a lawyer, You cannot, however, file more than two cases in small claims court for more than $2,500.00 each during a calendar year. You are the Plaintiff. does the judge have to wait a hour before dismissing the case if the plaintiff dose not show. Small Claims | Superior Court of California - County of San Diego Home Small Claims Small Claims Small Claims Court is a special court where individuals, representing themselves, resolve disputes quickly and inexpensively in an informal setting. If your claim is for possession of property, you must ask the defendant to give you the property. In these cases, the corporation or partnership can authorize an attorney, director, or employee of the entity to appear on its behalf (to defend the action). Mediation is one way the court offers to try and settle your case without a trial. These cases are designed to be resolved informally (so a party does not have to hire an attorney). A small claims case is a civil action for a money judgment in which the amount of damages is $6,500 or less. Their actions must be filed in Commercial Claims Court. /Size 22 /CropBox [-0.0000 -0.0000 612.0000 792.0000] You do not have to hire an attorney to represent you in small claims court (even if you are a business). Suffolk County District Court, 3rd . Where the defendant lives or where the business involved is located, Where the contract was signed or carried out, If the defendant is a corporation, where the contract was signed. Continuances granted by Clerk or Judge on motion for good cause only. Use blue or black ink and make sure your handwriting is readable. Nights, Weekends, Court Holidays) Temporary Extreme Risk Protection Order application should contact the Suffolk County Police Department by calling 911. Note: If you have a claim for more than $3,000, you cannot separate it into two claims to be under the limit. The filing fee for Suffolk County small claims court is between $35 to $75. The court will provide you with the necessary forms to be filled out. All Required Small Claims Court Forms (Print on Both Sides) Continuance Request (Optional) Plaintiff's Request to Dismiss Case (Optional) Small Claims Court Guides: A plaintiff has to bring the action in the village or town in which the defendant resides or a business has an open office. The correct way of telling the defendant about your lawsuit is called service of process. In small claims court, cases are tried before a judge, not a jury. The person who is sued is the defendant. This court also hears cases where the plaintiff is seeking return of personal property valued up to $5,000. 7 15 Small Claims are heard: FIRST DISTRICT NIGHT COURT 3105 Veterans Memorial Hwy Ronkonkoma, NY 11779 631-208-5775 - 3 -1 3rd Wednesday 5:30 PM SECOND DISTRICT 30 E. Hoffman Ave Lindenhurst, NY 11757 631-208-5775 -3 -2 Thursdays 9:30 AM THIRD DISTRICT 1850 New York Ave Huntington Station, NY 11746 631-208-5775 -3 -3 Tuesdays 9:30 AM FOURTH . Alfred W. Bates III, Presiding Judge, Chief Judge. Your case will be heard by a small claims court commissioner, a temporary judge, or a judge. 10 0 obj If you wish day court, choose from the, You are the Plaintiff. Phone: 559-730-5000, Electronic Filing Service Provider Information, Local Forms Information & Filing Instructions. In some courtrooms, the clerk may check people in as they arrive. If you file by mail, include a SELF-ADDRESSED STAMPED ENVELOPE, and a money order. Do we have your current address? Money is the only remedy available (on claims and counterclaims). Small Claims Division221 South Mooney Blvd /Filter [/FlateDecode ] If it remains in small claims court, a jury will be used, but it will consist of only six members. The court (via the clerk or judge) will likely give you a new hearing date and time. When you arrive, you should look for the small claims court calendar or for a clerk to assist you. Suffolk County Police Department; Suffolk County Sheriff; New York State Police . The demand must be made prior to the hearing. 0000017893 00000 n COMMERCIAL SMALL CLAIM - File a Counterclaim: $ 5 +postage*: as of September 2021: *Postage: Small or Commercial Claims - file a counterclaim: $.57 (first class metered envelope) **Postage: Commercial Claims - file an action: $7.14 per defendant (first class metered envelope & one certified metered envelope with an electronic return receipt): Issue a summons, etc. You must sue in the right court and judicial district. If the defendant lives in the county, service must be completed at least ten days before the trial date. If necessary, ask the court to postpone the hearing to let you and the plaintiff resolve the dispute informally. A temporary judge (judge pro tem) is an attorney who volunteers his or her time to hear and decide cases. Note: You may download forms from the California Courts web site. Case information for small claims matters filed on and after September 1, 2017, and any cases filed prior to that date that have been transferred to the small claims docket in a judicial district or housing session are available through the Superior Court Small Claims Case Look-up. Small Claims Court is a special court where you can sue for up to $5000. If you are under 18, your parent or guardian can sue for you. You must be a individual at least 18 years old, or an association, or municpal corporation, to file a Small Claim in Suffolk District Court. An affidavit (sworn statement) has to be filed which identifies the factual issues a jury is needed to hear. Contact the other party to discuss the problem and try to resolve it. Due Process (a fancy way of saying fairness) requires that the defendant be served prior to a hearing on your case. One can sue for $3,000.00 or less in a town or village court in Steuben County. However, if you learn new information of the defendants location, you can refile in that court (or the new court where the defendant is now located). Small Claims Court Information Share Print The New York State Unified Court System has a comprehensive brochure, Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County and Suffolk County, that explains the process and how to collect a judgment. Each town and village has its own court to handle cases from there. Ive read that a small claims suit can be brough in a breach of real estate contract, provided the amount does not exceed the small claims limit. Suffolk County District Court Small Claims - COMPLAINT FORM Instructions The maximum you can sue for is $5000. You must fill out this form to file a case with the court. General District Courts Informational Pamphlet. If you contact the Steuben County Clerks Office, they will be able to provide you with the proper business name. Suffolk County District Court, 2nd District Court. If a corporation files a claim, an employee, officer, or director must act on its behalf. If you are not yet 18, you may ask the court to appoint a guardian ad litem. 0000014848 00000 n endobj /Metadata 6 0 R /Type /Catalog If you have a claim for more than this amount, you may file a limited civil case, or you may sue in the small claims court and give up your right to the amount over $10,000.00. On the form, request Day Court or Night Court. There is usually no charge for mediation (but there may be a small filing fee). Room 201 As of November 1, 2021, Carol Miller Justice Center began processing Small Claims Filings for unpaid COVID-19 rental debt. This could result in a default judgment taken against the defendant. 10th JD - SUFFOLK COUNTY District Court Forms Civil Small Claims & Commercial Small Claims Landlord Tenant Criminal, Traffic & Town Ordinance Parking Civil see Civil Court for additional information Answer (Self represented defendant's Answer to a Civil Summons) DC-54 "In Person" Answer Affidavit of Personal Service DC-149R Suffolk County Small Claims Court Locations. Process Your Small Claims Using The Quickest Online Procedure. If the claim is filed on behalf of an association or other entity that is not a natural person, a regularly employed person of the entity must act on its behalf. 0000000623 00000 n Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County and Suffolk County This guide will tell you everything you need to know about small claims and commercial small claims in New York City, Nassau and Suffolk Counties. In Steuben County, the mediation provider is: Center for Dispute Settlement, Inc. 82 Main Street. A claimant or plantiff can only seek monetary relief in small claims court. If you are the defendant and fail to show up to court, the court will enter a ruling based only on the evidence presented by the plaintiff. 0000006863 00000 n %%EOF Note: you can still file your claim after the five day window, but the judge then has the option of pushing back the hearing date (but no longer than twenty days). Traffic cases may be continued no more than two times by the Clerk. Individual General District Court Homepages, Payment Plan Policies for Fines and Costs, Suffolk Juvenile and Domestic Relations District Court, General District Court Civil Filing Fee Calculation, Hon. To start the process, please complete the . 0000019638 00000 n Filing a Claim: A small claims action begins by filing a Statement of Claim. In certain cases, a third party (ie. Sign and date the form in the presence of a Notary or Court Clerk. This means that you have asked the defendant to pay, and the defendant has refused. The window for filing an appeal is thirty days from the judgment (or thirty-five if you received the judgment in the mail). Small Claims Court is intended to be accessible and available for everyone. In Steuben County, the mediation provider is: Center for Dispute Settlement, Inc. 82 Main Street Hornell, NY 14843(607) 324-9887 If mediation is not successful, the case remains in small claims court (with a trial). If you are a younger than 18, the parent or guardian may bring the action on your behalf. >> Small Claims Court - simplified procedure, damages up to $5,000 Landlord & Tenant Court - housing proceedings and evictions Town Ordinance offenses and Community Court - offenses prosecuted by the Towns Emergency Closing information How to find out if the court is closed, and what it means to your court case. /ID [] A commissioner has all the responsibilities and powers of a judge. Suffolk County Small Claims Court In Suffolk County, small claims court cases are heard in the local town or village court. On the COMPLAINT FORM, request Day Court or Night Court (see below for location and schedule). The. Partnerships may start a Small Claims case or a Commercial Small Claims case in Suffolk County District Court. The county court, often referred to as the small claims court, deals with civil matters, such as: Claims for debt repayment, including enforcing court orders and return of goods bought on credit, Personal Injury Breach of contract concerning goods or property Family issues such as relationship breakdown or adoption Housing disputes, including mortgage and council rent arrears . You should note in the statement of the case if you are requesting interest (which happens if your case concerns property damage or a contract specifies an interest amount). You can only sue for money. % This notice informs a defendant the time and location of the hearing and states the reason for the claim being made by plaintiff. 0000000721 00000 n If you are less than 18 years old, your parent or guardian may sue on your behalf. This has to be done according to the rules, or your case may be dismissed or delayed. /P 0 The arbitrator will then weigh the evidence with the law and issue a final judgment. There is a $3 filing fee. A one-page version of this information is available at the courthouses. (If you are a New York State based Corporation see Commercial Small Claim complaint form instructionsto complete the COMPLAINT FORM), amount you are suing for in the area Total amount of damages., Landlord & Tenant FAQ's (housing, evictions), Post-judgment FAQ's (collecting, enforcing, vacating), one-page version of this information is available at the courthouses, Commercial Small Claim complaint form instructions, On the form, request Day Court or Night Court. If the case is brought in a town or . The Defendant must live, work, or have a place of business in western 5 towns of Suffolk County. Can I sue for more than $5,000 in Small Claims Court? Arbitration is a type of dispute resolution that is like a less-formal trial. 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