District Court - Civil Division

A Guide to Small Claims in Suffolk County District Court
extracted and updated from
A GUIDE TO SMALL CLAIMS COURT 2001-2002
New York City, Nassau County, Suffolk County

Judith S. Kaye, Chief Judge, New York State Unified Court System
Jonathan Lippman, Chief Administrative Judge, New York State Unified Court System

In 1984, as part of the Small Claims Judges' Committee for the New York City Civil Court, Judge Beverly Cohen and I wrote a new Guide to the Small Claims Court.

At that time, the book was a guide for New York City only. This year I am pleased to inform you that I have included Nassau and Suffolk Counties. This guide, also known as the Blue Book, contains information you will need to commence an action in any Small Claims Court, within New York City, Nassau and Suffolk Counties. However, wherever there is a difference in procedure between the courts, the proper procedure for each court will be noted in BOLD TYPE.

Small Claims Court is known as the People's Court, primarily because it is user friendly. It is a court where litigants, if they choose, can try their cases without the necessity of an attorney. Therefore, this guide was written to assist the self-represented litigant. In addition to reflecting recent changes in the statutes and rules, I have divided this guide into four sections: how to start your action; how to proceed with the collection of a judgment; important governmental agencies; and locations of all the Small Claims Courts in New York City, Nassau and Suffolk Counties.

Immediately following is a quick overview page which will allow you to determine who can use the Small Claims Court.

Finally, I hope this guide will help facilitate your Small Claims Court experience.

• You must be 18 or over to sue
• Sue for money only - up to $5000
• Only an individual claimant can sue, however...
  • A partnership may bring a lawsuit in Small Claims Court in SUFFOLK County District Court.
• Simple form available at clerk's office. State your name, address, reason for suit, amount, who you want to sue (defendant), and defendant's address.
• Fee is $15 for claims up to $1000 - - $20 for claims up to $5000
• Clerk will give you a court date and notify the defendant. Court starts at either 9:30 a.m. or 6:00 p.m. in SUFFOLK County
• If the defendant can't be served by mail, the clerk will give you additional instructions

TABLE OF CONTENTS

PART I - ABOUT SMALL CLAIMS COURT

WHAT IS SMALL CLAIMS COURT?

WHO CAN USE SMALL CLAIMS COURT?

DO I NEED AN ATTORNEY?

WHERE ARE SMALL CLAIMS COURTS LOCATED?

WHICH SMALL CLAIMS COURT SHOULD I USE?

CAN I HAVE AN INTERPRETER?

WHEN IS SMALL CLAIMS COURT IN SESSION?

HOW DO I START MY SMALL CLAIMS CASE?

WHO TELLS THE DEFENDANT ABOUT MY CLAIM?

WHAT IS A COUNTERCLAIM?

CAN I CHANGE THE DATE OF MY HEARING?

HOW DO I PREPARE FOR MY HEARING?

WHAT SHOULD I DO ON THE DAY OF MY HEARING?

WHAT HAPPENS DURING MY HEARING?

WHAT HAPPENS IF ONE PARTY DOES NOT APPEAR?

CAN I SETTLE MY SMALL CLAIM BEFORE THE JUDGE HEARS THE EVIDENCE?

CAN I APPEAL THE JUDGE'S DECISION?

DO I HAVE TO GO TO SMALL CLAIMS COURT TO SOLVE MY PROBLEM?

PART II - COLLECTIONS

WHAT DO I DO IF I WIN?

HOW DO I FIND A JUDGMENT DEBTOR'S ASSETS?

PART III

IMPORTANT GOVERNMENT OFFICES

PART IV - COURT LOCATIONS

SUFFOLK COUNTY

Since the Small Claims Court hears suits for money only, you cannot sue in Small Claims Court to force a person or business to fix a damaged item. You also cannot sue in Small Claims Court to make a person or business fulfill a promise made in an advertisement, and you cannot sue for pain and suffering.

You may sue a town, village, city or county in Small Claims Court. However, the law requires you first to notify the municipality of your intention to sue. That notice must be given to the municipality within 90 days after the occurrence of the incident that is the subject of your suit. You must wait 30 days for the municipality to make an offer of settlement or to deny your claim. If the municipality denies your claim you can then proceed to the Small Claims Court Office to begin your small claims case. You have one year and ninety days from the occurrence to commence your small claims action.

If you do not notify the municipality within 90 days of the incident, your case may be dismissed.

You must go to the Court of Claims Court to commence a lawsuit against the State of New York or an agency of the State of New York.

If you sue in Small Claims Court, you are called the claimant; if you are sued, you are the defendant. You can sue more than one defendant at the same time if necessary.

If you are sued and you believe that someone else (a third-party) is responsible for the amount claimed, you may be able to bring that party into the lawsuit as an additional defendant. Contact the clerk of the Small Claims Court for information about a third-party action.

A corporation may authorize an attorney, officer, director, or employee of the corporation to appear on their behalf to defend a small claims action.

In SUFFOLK County, the District Courts have Small Claims Courts. See Part IV of this booklet for location and hours.

In the District Court of SUFFOLK County, you may file your small claim in the Small Claims Court located in the court district where the defendant resides or works or has a place of business.

You should ask the Small Claims Court Clerk in the court where you will file your small claim for the days and times when Small Claims Court is in session.

You must be the proper person to sue in Small Claims Court. For example, if you are involved in an accident while driving an automobile that is not registered in your name, you cannot sue for the damage caused to the automobile during the accident. Only the registered owner of the automobile can sue for the damage caused to the automobile.

Do I Have to Know the Defendant's Correct or Legal Name? When you file your small claim, you must give the court clerk the name and address of the person or business you want to sue. You can obtain the correct or legal name of a business by contacting the office of the County Clerk in the county where the business is located. You do not need to know the correct or legal name of a business or a person who operates a business to file your claim. You can provide any name used by the business or by the person who operates the business. If you learn the defendant's correct or legal name later, you can give it to the Small Claims Court Clerk before your trial or during your trial. However, if you get a judgment against a business it will be easier to collect if you know the correct legal name.

The notice of your claim will be sent to the defendant by certified mail and by ordinary first class mail. If the notice sent by ordinary first class mail is not returned by the post office within 21 days as undeliverable, the defendant is presumed to have received notice of your claim, even if the notice of claim sent by certified mail has not been delivered.

If the post office cannot deliver the notice of your claim (for example, the defendant may have moved without leaving a forwarding address), the court clerk will give you a new hearing date and will tell you how to arrange for personal delivery of the notice to the defendant. Anyone who is not a party to the small claim and who is 18 years of age or older (including a friend or relative) can personally deliver the notice of claim to the defendant. The claimant or any other party to the action, may not serve the notice of claim personally on the defendant.

If the notice of your claim cannot be served on the defendant within four months after you filed your claim, your claim will be dismissed. If you learn new information about the defendant's location at a later date, you can file your claim again.

A small claims case will not proceed to trial until the defendant has been served with a notice of your claim.

The defendant may file a counterclaim within five days after receiving the notice of your claim and must pay a filing fee plus the cost of mailing the counterclaim to you. The defendant may also file a counterclaim on the day of the hearing. If the defendant files a counterclaim on the day of the hearing and you are not prepared to defend against the counterclaim, you can ask the Judge to postpone the hearing until another day. In some cases, the Judge might decide to delay the hearing, even if you do not ask for an adjournment.

If you receive notice of a counterclaim before the date of your hearing, you must be prepared to present your claim and defend against the counterclaim on the day of the hearing.

CAN I CHANGE THE DATE OF MY HEARING? Adjournments in the Small Claims Court are discouraged. Only the Judge decides if an adjournment is to be granted.

How Do I Ask For an Adjournment? Adjournments by telephone are not available in New York City or in Nassau and Suffolk Counties.

If you are going to ask for an adjournment, you should notify the court by mail before the scheduled date of your trial (if possible), and mail a copy of your letter to the other party as well. On the day of the trial, either you or someone else should appear in the Small Claims Court to explain to the Judge why you are not prepared for trial.

If you do not have a good excuse, your request for an adjournment may be denied. If your request for an adjournment is denied and you are not ready to start your hearing, your small claim may be dismissed. If you are the defendant and you do not appear, the Judge may award the claimant an inquest (default judgment) against you, even though the Judge has not heard your side of the story.

Who Can Testify at My Hearing? Testimony is a sworn statement made by you or another person, given in court, before the Judge or Arbitrator. Anyone who knows something about your claim, including you, can testify during the hearing. For example, a person who saw what happened, or someone who has special or expert knowledge and experience concerning the subject of your claim, can be a witness at the hearing.

How Can I Get an Expert Witness to Testify? The testimony of a person who has special or expert knowledge and experience concerning the subject of your claim may be necessary for you to prove your case. For example, if your claim involves the quality of medical care, you must find a doctor who is willing to give an opinion, in court, about the quality of the care you received. While you might find an expert witness who will testify at no cost to you, it is more likely that you will have to pay for an expert witness' testimony. You cannot use a subpoena to compel an expert witness to appear.

What Can I Do if a Witness Will Not Testify Voluntarily? If a witness will not testify voluntarily, you can ask the Small Claims Court Clerk to issue a subpoena. A subpoena is a legal document that commands the named person to appear in court to testify or to produce records. The Small Claims Court Clerk will assist you in preparing the necessary documents.

You must arrange for service of the subpoena on the appropriate person. The person subpoenaed is entitled to a witness fee and in some cases travel expenses, which must be paid at the time the subpoena is served. You are responsible for paying these fees. Anyone who is not a party to the small claim and who is 18 years of age or older (including a friend or relative) can serve the subpoena. As the claimant or the defendant, you cannot serve the subpoena.

A subpoena can be served any time before the hearing. However, a witness should be given a reasonable amount of time before s/he must appear. Generally, it is considered reasonable to serve the subpoena at least five days before the hearing date. This will allow the person subpoenaed sufficient time to prepare the items you request or appear at the hearing.

If a claimant does not arrive at the courthouse on time, the claimant's case may be dismissed. If the defendant does not arrive at the courthouse on time, the Judge may hear and decide the case based only on evidence provided by the claimant.

What Do I Do When the Clerk is Calling the Calendar? The Small Claims Court Clerk will announce your case and call your name. When your name is called, you should stand, repeat your name, and answer ready, or if you are not ready to begin and instead need to ask for an adjournment, or if you have some other request, you should tell the court at this time by saying APPLICATION. If you and the party you are suing are both ready, the case will go forward to trial.

Should I Choose a Judge or an Arbitrator? In SUFFOLK County, your case will be sent directly to an Arbitrator for trial.

An Arbitrator is an experienced attorney who is specially trained to hear and decide small claims. Because there are more Arbitrators available to hear cases than there are Judges, an Arbitrator will hear your claim more quickly. The hearing before an Arbitrator is informal. The Arbitrator applies the same law to your case as a Judge would apply.

One important difference between a Judge and an Arbitrator is that an Arbitrator's decision cannot be appealed because there is no official record of the proceedings. A trial before a Judge will result in a decision that can be appealed, as the trial will be heard with a court reporter or recording device, therefor there will be a court record necessary to process an appeal.

Can I Have a Jury Decide My Claim? As the claimant in a small claims action, you have waived your right to a jury trial. A defendant, however, may demand a trial by jury. If you are the defendant and you demand a jury trial you will have to pay a jury fee and also must pay $50 to the court for any costs that the court awards to the claimant. A defendant who requests a jury trial also must submit an affidavit, a sworn notarized statement, in which the defendant must state that the claim involves one or more factual questions that must be decided by a jury and that the request for a jury trial is made in good faith. See the court clerk if you request a jury trial.

The claimant has the burden of proving the claim and any damages. The claimant's case is presented first. After being sworn as a witness, the claimant will tell his or her version of the incident. All papers or other evidence should be shown at this time. When the claimant has finished testifying, the Judge or Arbitrator or the defendant may ask some questions to clarify matters. Other witnesses can be presented in support of the claim, and they, also, can be questioned. All witnesses will be sworn in.

The defendant tells his or her story After the claimant has offered all the evidence that supports the claim, the defendant will take an oath and tell his/her side of the story. The defendant may offer papers and other evidence, and can call other witnesses to testify on his/her behalf. The defendant and any witnesses who testify for the defendant also must take an oath to tell the truth and can be questioned by the Judge or Arbitrator and by the claimant.

If You Are Suing a Business During the hearing, the Judge or Arbitrator should determine a defendant's true business name. If the legal name of the business is different from the name that is written on your notice of claim, ask the court to have the name on the notice of claim corrected by the clerk. Disclosure of Assets If you are the claimant, it is your responsibility to collect information on the defendant's assets - property that the defendant owns - in the event you receive a judgment in your favor and the defendant does not pay [SEE PART II - COLLECTION in this booklet]. You can ask the Judge or Arbitrator to question the defendant about his/her assets. The defendant's assets are property, such as a car, a house or money, that can be used to pay your judgment. The Judge or Arbitrator can direct the defendant not to sell or give away those assets before paying any amount you are awarded.

The Decision After the claimant and the defendant have offered all their evidence, the Judge or Arbitrator will normally reserve decision, which means that the Judge or Arbitrator needs time to evaluate the evidence and that the decision will be mailed to the claimant and the defendant after the hearing. In rare cases, the Judge or Arbitrator may announce the decision immediately after the hearing.

If the defendant does not appear, the court will direct an inquest.This means the Judge or Arbitrator will hear your case even though the defendant is not present. If the claimant presents enough evidence to establish his/her case, theJudge or Arbitrator will award adefault judgment against the defendant.

If a Default Judgment is Awarded If a default judgment is awarded because the defendant did not appear, the defendant may ask the court to re-open the case so that s/he can offer evidence in defense of the small claim. A defendant who does not appear on the scheduled date and then asks the court to re-open the small claim must have a valid excuse for not appearing excusable default and must be able to show that s/he has a valid defense. A Small Claims Court Clerk will assist in preparing the necessary papers to ask the Judge to re-open the case. The Small Claims Court Clerk also will set a date when the claimant and the defendant must return to court.

When the claimant and the defendant return to court, the Judge will decide whether to re-open the case. If the Judge does re-open the case, the claimant and the defendant must be ready to present their evidence at that time. However, the Judge may decide to adjourn the trial to a later date.

Few small claims decisions are appealed, and very few appeals are successful. The appellate court will consider only whether substantial justice was done between the parties. The appellate court will not reverse a small claims decision because a technical mistake was made during the hearing.

You may need the help of an attorney to appeal your small claims decision. Because the amounts involved in small claims are small, the expense of appealing your small claims decision may be greater than the amount awarded. In addition, the appealing party must purchase a typed transcript of the hearing for the appellate court.

If you decide to appeal, you must file a Notice of Appeal and pay the required fee within 30 days after the judgment is entered. Consult the Small Claims Court Clerk for further information.

The party who appeals a small claims decision must pay any amount awarded unless a bond or undertaking is paid to the Small Claims Court to guarantee payment of the judgment if the appeal is lost. If you receive notice of an appeal, you should call the Small Claims Court to find out if a bond or an undertaking has been paid. If a bond or an undertaking has not been paid, you can begin to collect your judgment immediately.

There normally is no charge or filing fee. Your case will be scheduled quickly at a time and place convenient to the people involved. You can find the address and telephone number for the community dispute resolution center near you in your telephone book. You can also get a brochure at the Small Claims Court office that lists local dispute resolution centers.

The person awarded a judgment is called the judgment creditor, and the person who owes the amount awarded is called the judgment debtor.

Contact the judgment debtor and request payment of the judgment amount. If the judgment debtor refuses to pay the judgment amount, you may need the services of an enforcement officer.

What is an Enforcement Officer? An enforcement officer can seize a judgment debtor's assets to pay your judgment. The Sheriff is employed by the county, and is an enforcement officer.

How Does an Enforcement Officer work?

In SUFFOLK County instructions on how to enforce your judgment will be included with the decision of the court.

Will I Have to Pay the Enforcement Officer? You will have to pay certain fees for the enforcement officer's services. For example, you must pay the enforcement officer a mileage fee in advance for a property execution. You may have to pay up to $50 in advance for an income execution. An income execution orders the judgment debtor's employer to pay a certain amount of the debtor's wages to you until the full amount of the judgment is paid.

Sometimes these fees can be added to the amount of the judgment to be paid by the judgment debtor. If you reach a settlement with the judgment debtor after you hire an enforcement officer, you will not recover the fees already paid, additionally, you will be responsible to the enforcement officer for 5% of the settlement amount. This is true even if you negotiate the settlement without any assistance from the enforcement officer.

The clerk will provide an information subpoena for a small fee. You can also purchase the necessary forms from a legal stationary store or copy the necessary forms from a legal forms book that can be found in any law library.

The information subpoena must be signed by the court clerk. After the form is signed, send the information subpoena, two copies of the written questions and a self-addressed envelope with the correct amount of postage attached.

You can send these documents to the judgment debtor by regular mail or by certified mail, return receipt requested.

Are There Any Other Ways to Find a Judgment Debtor's Assets? A simple way to improve the chances of collecting your judgment is to learn the name and address of the bank where the defendant keeps a savings or checking account. One way to do this is to look at the back of a canceled check you or a friend may have given to the defendant. With this information, the enforcement officer can seize money in the defendant's account and use the funds to satisfy your judgment.

You can check with the New York State Department of Motor Vehicles to find out if the judgment debtor owns a car. If the judgment debtor owns the car, the enforcement officer can take the car and sell it to pay your judgment. You must give the enforcement officer the model, year, license plate number and location of the car. If the judgment debtor borrowed money to buy the car, that loan must be paid before you can get any money. Also, you will have to pay towing and storage fees in advance to the enforcement officer. These fees can typically be $150 or more.

What if the Judgment Debtor Owns Real Estate? If the judgment debtor owns real estate, it can be sold to pay your judgment. The court clerk can tell you how to determine if the judgment debtor owns a particular piece of real estate. If s/he does own real estate, you must get a transcript of judgment from the clerk and file it with the County Clerk. Then you must contact the Sheriff about selling the real estate to pay your judgment. It will be your responsibility to prepare the papers to sell the property. The Sheriff will deduct fees and expenses from the proceeds of the sale, and also will have to pay any mortgage, tax liens or prior judgments owed by the judgment debtor before your judgment can be paid.

The Sheriff is the only enforcement officer who can take or sell real estate.

Are There Other Ways to Make a Judgment Debtor Pay?
Claims Based on Motor Vehicle Ownership If your small claim was based on the judgment debtor's ownership or operation of a car, the New York State Department of Motor Vehicles may suspend the judgment debtor's driver's license and registration privileges until your judgment is paid. The amount of your judgment must be more than $1,000, and it must be unpaid for more than 15 days. The Small Claims Court Clerk can give you more information about this enforcement method.

Licensing Agencies If your small claim relates to the judgment debtor's business, and the business is licensed or certified by a state or local authority, you can notify that authority if your judgment is not paid within 35 days after the judgment debtor received notice of the judgment. Failure to pay a judgment may be considered by the licensing authority as grounds for revoking, suspending, or refusing to grant or renew a license to operate a business. You will find a list of prominent licensing or certifying authorities for New York City, Nassau and Suffolk Counties, in PART III of this guide.

The Judgment Debtor Has Failed to Pay Three or More Judgments If a judgment debtor fails to pay three or more recorded judgments despite having sufficient resources to pay them, you may be able to sue the defendant for triple damages. Check with the Small Claims Court Clerk to find out if the judgment debtor is listed in the index of unsatisfied judgments maintained by the Small Claims Court.

Fraudulent or Illegal Conduct If the judgment debtor is a business that the court finds to be engaged in fraudulent or illegal conduct, you have the right to notify the Attorney General and, if the business is licensed, the appropriate licensing authority as well.

PART III - IMPORTANT GOVERNMENT OFFICES
New York State homepage
Suffolk County homepage

SUFFOLK COUNTY SHERIFF
Civil Bureau of the Enforcement Division
360 Yaphank Ave, Yaphank NY 11980
(631) 852 - 5600

SUFFOLK COUNTY POLICE DEPARTMENT
30 Yaphank Avenue
Yaphank, NY 11980
(631) 852 6000

If you are involved in an auto accident and need a copy of the accident report you can contact Central Records (631) 852-6015, allowing at least five days after the accident for the report to be filed.

To obtain an accident report after 30 days, contact the New York State Department of Motor Vehicles , (518) 474-0710 .

SUFFOLK COUNTY CLERK
310 Center Drive
Riverhead, NY 11901
(631) 852-2000
To obtain the correct or legal name of a business.

NEW YORK STATE DEPARTMENT OF AGRICULTURE & MARKETS

The Department's regulatory authority includes licensing of and the issuing of permits for:
* Manufacturers, wholesalers, and handlers of frozen desserts;
* Persons acting as dealers, brokers, or commission merchants for the sale of farm products;
* Milk dealers;
* Food processing establishments;
* Refrigerated warehouses, locker plants, and fresh foods;
* Operators of purebred dog kennels
* Anyone who deals in, handles, or transports domestic animals, or operates a livestock auction.

NEW YORK STATE DIVISION OF ALCOHOL BEVERAGE CONTROL - STATE LIQUOR AUTHORITY

The Division issues licenses and permits authorized by the Alcohol Beverage Control Law for the manufacture, distribution, and sale of alcoholic beverages within the State.

NEW YORK STATE ATTORNEY GENERALS OFFICE
120 Broadway
New York, NY 10271
(212) 416-8000
Regional Offices

The Banking Department regulates all activities relating to the New York State chartered banking industry. The department also enforces laws and policies dealing with consumer credit and other financial services, the prevention of illegal lending, and other consumer abuses.

The Education Department licenses approximately 30 professions, including the following: Accountants, Interior designers, Physical therapists, Acupuncturists, Nurses, Physicians and physicians' assistants, Chiropractors, Optometrists, Psychologists, Dentists and dental hygienists, Podiatrists, Veterinarians, Engineers and architects, Pharmacists, Social workers

The Appellate Divisions conduct proceedings to admit, suspend, or disbar attorneys who wish to practice or who are practicing in the courts of New York State.

The Insurance Department issues licenses and permits, conducts examinations, and administers fines relating to insurance companies, agents, brokers, and adjusters.

The Department of Labor has regulatory jurisdiction in the areas of employee safety and health, employee earnings, and employee coverage under unemployment insurance.

The Department of Motor Vehicles regulates the registration and titling of motor vehicles and issues drivers' licenses. It also licenses or registers inspection stations, driving schools and instructors, repair shops, dealers and transporters, the vehicle salvage industry, snowmobiles, all-terrain vehicles, motorboats, and unique motor vehicles.

The Public Service Commission has the power of general supervision of all gas, electric, water-works corporations, telephone and telegraph lines. Rates for privately owned gas, electric, steam, telephone, telegraph, radio-telephone, and waterworks corporations need Commission approval.

NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE

The Department is responsible for the registration of Alcoholic beverage distributors; Motor fuel distributors; Diesel motor fuel retailers and bulk purchasers; Owners of diesel motor vehicles; Flea market promoters; Vendors required to collect sales tax; Organizations exempt from sales tax. The Department is responsible for the licensing of Wholesale dealers of cigarettes; State lottery ticket vendors. The department issues permits for motor vehicles subject to highway-use or fuel-use taxes. It also appoints cigarette tax agents.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION

The Department of Transportation regulates railroads, buses and trucking companies. It also grants licenses to public utility companies for real estate rights on Department of Transportation-controlled property.

NIGHT COURT IS HELD IN RONKONKOMA ON CERTAIN WEDNESDAYS AT 6:00 PM.

Schedule for Small Claims
Schedule for Commercial Claims

If the party you intend to sue resides or does business in Suffolk County but is located in one of the five eastern towns, file your claim in the Justice court within that town.

Riverhead
Southold
East Hampton
Shelter Island (631) 749-8989
Southampton (631) 283-6017