An adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim. The court shall conduct the hearing in such manner as it deems best suited to discover the facts and to determine the justice of the case.
If the plaintiff, or an attorney in his or her behalf, does not appear at the time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant, or make such other disposition as it may deem proper. The consent must be filed with the clerk of the small claims part. He or she shall not be bound by the rules regarding the admissibility of evidence, but all testimony shall be given under oath or affirmation. Either party may be represented by counsel, but no record of the proceeding before the arbitrator shall be kept.
How to fill out the Small Claims Complaint Form. How to fill out the Commercial Claims Complaint Form. What information will I need to fill out the form?
You will need the correct name and street address of each defendant and claimant. You cannot use only a PO Box address. What if I do not have the defendant's correct, legal name? You should find the defendant's true legal name before you file. You can use any name that the business or person operating the business uses. If you do not provide the defendant's true legal, it will be very hard for you to collect your money judgment, if you win. What do I do with my completed form?
If you are filing the Small Claims Complaint form by mail or filing the Commercial Claims Complaint form by mail you must sign it in front of a notary first. Do I have to pay to file my claim? You must pay a Small Claims filing fee or Commercial Small Claims filing fee by cash or money order, credit cards, or personal checks. Have photo ID available. Checks and money orders should be made payable to "The Clerk of the Court. Is there another way to solve my problem without going to Court?
Every county in the state of New York has a community dispute resolution center that offers mediation for free. You can find the location of a community dispute resolution center near you in the phonebook or at the Small Claims Court Clerk's Office. Can the person I am suing sue me? How will I know if the defendant files a counterclaim? The Court will send you a notice or you will be told on the trial date.
If the defendant sues me, will my case be postponed? If the defendant files the counterclaim on the day of the trial , you may ask the Judge to postpone the case so you can have time to prepare. Sometimes Judges will postpone the trial even if you do not ask for it. But if you received notice of the counterclaim before the date of your trial , you must be ready to present your claim and defend against the counterclaim on the date of your trial.
After you file your claim, the Small Claims Court Clerk will serve the defendant a notice by mail. If the defendant cannot be served by mail, the clerk will tell you what to do. How do I know if the defendant was served? The clerk will mail the defendant two copies of the notice:. If the Post Office does not return the notice that was sent by regular mail to the clerk's office within 21 days 30 days for Commercial consumer transaction cases , the Court considers the defendant to have been served — even if the notice sent by certified mail was not delivered.
What if the Post Office was not able to deliver either notice? If neither notice could be delivered, the clerk will:. How do I have the defendant served? You can also hire a process server. Or you can have someone who is 18 or older — not you or anyone else involved in this case — serve the notice. The Clerk will give you instructions. If 4 months go by after you first file your claim, and you have not been able to personally serve the defendant, the Court will dismiss your case.
Later, if you find out about the defendant's location, you can file your claim again. You cannot have a trial if the defendant was not served. Adjournments in the Small Claims Court are discouraged.
Only the Judge decides if an adjournment is to be granted. Can I postpone my trial? You can ask the Court to postpone your trial, but unless you have a good reason, the Court may not agree. How do I ask to postpone my trial? Send a letter to the Court and the other side asking to postpone adjourn your trial. You cannot ask for a postponement by phone. You or someone who can speak for you should go to the Small Claims Court on the date of your trial and explain to the Court why you need a postponement.
If you or someone else on your behalf can not come to Court on the trial date, the Court will read your letter, but may not postpone the case and your case may be dismissed.
If you are the defendant, the Court may hear your case even if you are not there. You should contact the Court the day after your trial date to find out what the new trial date will be.
Have your case number or index number when you contact the court. Which Small Claims Court do I use? You may use any of the five Suffolk District Court locations most convenient to you. Ask the clerk how to file by mail. Can I sue a public agency in Small Claims Court? You can use the Small Claims courts to sue a. You cannot sue the federal government or a state agency in Small Claims Court.
By law, you have only 90 days to notify the agency. Start counting from the day you were injured or your items were damaged. You cannot sue unless you notify the agency. Get the notice form from the agency you are suing. Fill it out. The agency will give you a claim number. Start counting from the date you were injured or your items were damaged. If you are asking for money for repairs or service, you must get two different itemized written estimates.
Can I have witnesses at my trial? If the reason for your claim requires expert knowledge to understand, it's a good idea to have an expert witness. For example, if your claim is about medical care, you will need a doctor with expert knowledge of your type of claim. That doctor must be willing to testify at your trial. In most cases, you must pay an expert witness to testify. You cannot use a subpoena to make an expert witness testify.
What if a witness does not want to testify? You can ask the Small Claims Court Clerk for a witness subpoena if you do not have an attorney. A witness subpoena is a court order that can order your witness to go to your trial to testify. What if a witness does not want to give me records?
You can submit a subpoena duces tecum to the Small Claims Court Clerk and ask for the Clerk to issue it if you do not have an attorney. You can get the subpoena duces tecum at a legal stationery store or from a legal forms book from any law library.
Who gives serves the witness the subpoena? You must arrange for the witness to be served the subpoena. The server can be a friend or relative who is 18 or older. Neither you nor anyone else involved in this case can be the server.
Do I have to pay the witness? The subpoenaed witness has the right to receive a witness fee, which must be paid when the subpoena is served. You must pay the witness fees, and in some cases, you may have to pay travel expenses, too. Is there a deadline to serve a subpoena?
The subpoena must be served before the trial date. Reasonable usually means 5 or more days before the trial. Can the defendant and I agree to settle our case before the trial? A mediator from a community dispute resolution center may help you settle your case. It is almost always better if you and the defendant can make an agreement either before or during the trial. You may feel certain that you will win your case, but the Court may not agree with you. If you make an agreement before your trial date, and the claim has been paid in full, notify the Small Claims Court Clerk in writing.
The clerk will mark the case settled, and neither side will have to go to Court. Have someone who is 18 years or older and not a party in this case, mail the Demand to each party in the case. If a party had an attorney, mail the Demand to the attorney. Have the person that mailed the Demand for a Trial de Novo fill out an Affidavit of Service for the Demand and sign it in front of a notary. Bring the Demand for a Trial de Novo and the Affidavit of Service to the court and pay the filing fee within the day time period.
Check with the court about how much this fee is and what type of payment the court accepts. Court rules allow for voluntary arbitration in small claims cases.
But, not all courts offer it. Skip to Main Content. Mandatory Arbitration Some courts automatically send cases for money to arbitration for decision.
You have no choice. Both sides agree to arbitration.
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