When is the court in session?
The court is in session every Thursday starting at 9:30am. V&T trials, jury trials and civil trials are held various days during the week. The trials are scheduled and all parties are notified in advance.
Where do I sue?
You may bring a claim in the court most convenient to you but it must be in the town or village where the party being sued lives, works or has a place of business. For example, a business firm has an office in Town A but transact business in Town B. It can only be sued in Town A, and not in Town B. Similarly, a person who lives in Town A but owns rental property in Town B must be sued in the court of Town A and not Town B. A summer resident of Town A can be sued in Town A while he is residing there but not after he moves back to the winter residence.
Whom can you sue?
You can sue any person or corporation who owes you money if that person or corporation lives, has an office for the transaction of business or works within the village or town in which court you file your claim.
Who may not use the Small Claims Court?
The following entities may not bring claims in this part of the court, although claims may be brought against them in it:
1. Corporations (except municipal corporations, such as Cities, Towns, Villages and School Districts), and Public Libraries.
3. Associations (such as clubs)
4. Persons to whom a small claim has been assigned
Also, Small Claims Court in not to be used to oppress or harass the defendant, e.g. you have already sued the same defendant on the same claim and lost. If the court clerk believes you may be doing so, he may compel you to seek permission from the judge to file the claim.
Who may use the Small Claims Court?
Any person over 18 years of age may bring an action for money in the small claims part of the court.
Even a non-resident of New York can bring a Small Claims Court action here. He cannot be required to place any security to reimburse the cost should the defendant be successful.
A minor may file a claim by having a parent or person in whose custody he/she resides go with him/her to make the claim and appear at trial.
What is a small claims?
A small claim is a claim for money only, not exceeding $3000 at the present time, where the person you wish to sue either lives, works or has a place of business within the town or village in which you file your claim.