Evening Small Claims Court is held in Ronkonkoma on certain Wednesdays at 6:00 PM. Small claims court cases are designed to be relatively informal (compared to normal civil cases). As the plaintiff, you have a right to ask for a continuance in this case. You must pay a Small Claims filing fee or Commercial Small Claims filing fee by cash or money order, credit cards, or personal checks. Can I sue for more than $5,000 in Small Claims Court? The clerk will serve the notice of claim by mailing it to the defendant (this is what part of your filing fee funds). Law Clerk: Frank Morro The Department of Financial Services issues licenses and permits, conducts examinations, and administers fines relating to insurance companies, agents, brokers, and adjusters. Service of the notice lets the defendant know about your claim. Can corporations and associations start a Small Claims case? 210 Center Drive How does the Sheriff's Office know what assets the judgment debtor has? Frank L. Tropea In a settled case, you will not be able to recover any fees already paid. At a trial de novo, the Judge does not read the Arbitrator's Award. Hauppauge, NY 11788 Small Claims Information: The monetary limitation for small claims actions is $3,000. $3,000? The clerk will assign an "official" interpreter to your trial if a party or witness needs one. There are strict deadlines for claims against a municipality, city, or county agency. It is almost always better if you and the defendant can make an agreement either before or during the trial. Find your Small Claims Courtroom, then look for the Small Claims Court calendar. A plaintiff (sometimes called claimant) is the person who initiates or begins the lawsuit. Is there a deadline to ask for an appeal? If the defendant does not pay willingly, there are legal steps that you can take to "enforce" the judgment.. You can call or write the judgment debtor and ask for payment. Small Claims. No. Ronkonkoma, NY 11779 (631) 208-5775. There is usually no charge for mediation (but there may be a small filing fee). North County Complex, Bldg. Send it to the judgment debtor and anyone else who may know about the judgment debtor's assets, including the judgment debtor's: Will the clerk deliver the information subpoena for me? You deliver the bananas, but Joe does not pay. Suffolk County Small Claims Cases are handled in 33 locations for the following towns and villages: Amityville Village, Asharoken Village, Babylon Village, Belle Terre Village, Bellport Village, Brightwaters Village, East Hampton Town, Head of the Harbor Village, Huntington Bay Village, Islandia Village, Lake Grove Village, Lindenhurst Village, Lloyd Harbor Village, Mastic Beach Village, Nissequogue Village, Northport Village, Ocean Beach Village, Old Field Village, Patchogue Village, Poquott Village, Port Jefferson Village, Quogue Village, Riverhead Town, Sag Harbor Village, Saltaire Village, Shelter Island Town, Shoreham Village, Southampton Town, Southampton Village, Southold Town, Village of the Branch Village, West Hampton Dunes Village, and Westhampton Beach Village. The County Clerk collects a fee to sign and seal each Income Execution form. You can sue for your money back. (The reason a plaintiff cannot demand a jury trial is because if the plaintiff files the case in small claims court the court deems the plaintiff consenting to have factual issues determined by the judge and not a jury, otherwise the case would be filed in the regular civil part). Which Small Claims Court do I use? Sometimes Judges will postpone the trial even if you do not ask for it. Only a defendant can make the request for a jury trial. Access court records for Suffolk County Supreme Court, NY. Within 5 days of getting the notice of your claim, or. Can I settle my claim before the Judge hears the evidence? What are Commercial Small Claims and Consumer Transactions? You do not need a lawyer to sue in Small Claims Court. In small claims court cases heard in the village or town courts, you are not required to hire an attorney. Get to the courthouse at least 15 minutes early. Here is an example of a consumer transaction claim: Who can file a Commercial Small Claims case? If you agree to settle, but the defendant has not paid you in full by the trial date, or you need more time to finish your agreement, go to Court on your trial date. If your case is not listed on the calendar, speak with the court clerk (or judge if there is no clerk present). You must file a Notice of Appeal within 30 days of the Court's judgment. Riverhead, NY 11901 (631) 852-5600, SUFFOLK COUNTY POLICE DEPARTMENT Suffolk County Small Claims Court Locations. You must find out about the judgment debtor's assets and give that information to the Sheriff's Office. Private disputes that do not involve large amounts of money can be taken to the small claims court. In Nassau and Suffolk Counties you can sue for up to $5,000. Information found on CountyOffice.org is strictly for informational purposes and does not construe legal, financial or medical advice. Yes. 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. 2022 County Office. About Us Contact Us An official website of the Commonwealth of Massachusetts Here's how you know. TTD/TTY - Dial 711. You must follow special rules for a consumer transaction. Yes. You cannot sue unless you notify the agency. County Office is not affiliated with any government agency. Small claims of $2,001 to $5,000 = $100. When you file the original Transcript of Judgment with the Suffolk County Clerk, you may request the County Clerk sign and seal a Property Execution (Form 199). Can I sue a public agency in Small Claims Court? How do I find a Judgment Debtor's assets? If you fail to follow this rule, your case will be dismissed. Official websites use .mass.gov. In Ronkonkoma Civil Courts, the Court settles disputes between citizens that they are unable to resolve on their own. You may file by mail or you may file in person at one of the District Court courthouses. You cannot ask for a postponement by phone. If the Court finds the judgment debtor's business is fraudulent or illegal, you can notify the the. You must be a corporation, partnership, or association that has its principal office in New York State to file a Commercial Small Claim (If you are an natural person, use the instructions for a Small Claim). Suffolk County District Court, 2nd District Court. Is there a fee to file a Commercial Small Claims case? If the person you are suing (the defendant) wants to sue you, s/he may file a Small Claims counterclaim against you. A court will generally have a clerk who is available to assist with questions regarding the forms (and answer other questions). The notice is sent by certified mail and first-class mail. Find 6 Courts within 5.2 miles of Suffolk County 5th District Court. You can ask the Court to postpone your trial, but unless you have a good reason, the Court may not agree. The Property Execution (Form 199) is available from the County Clerks office. Third party advertisements support hosting, listing verification, updates, and site maintenance. It involves a mediator who will try and bring the plaintiff and defendant together to agree on a result that is fair to all (or, more likely, somewhat fair to each party). Yes. The arbitrator will then weigh the evidence with the law and issue a final judgment. Criminal Traffic & Parking Riverhead, NY 11901 You should find the defendant's true legal name before you file. Ronkonkoma, NY 11779 How else can I find out about the judgment debtor's assets? There are special rules for Small Claims cases in Eastern Suffolk County. The case will be dismissed without prejudice which means you can refile with the same court if you learn the defendant is still residing in that location (otherwise, if the defendant moved, you would file it in the court of the new town or village). You should make it a habit to collect this information from all people you deal with. You should also send a copy of the letter to the other party. If so, look on the back of the canceled check for the bank's information. If you are the defendant, the Court may hear your case even if you are not there. Partnerships may start a Small Claims case or a Commercial Small Claims case in Suffolk County District Court. Fill it out. Note: Court rules require that the judge wait at least one hour before holding a hearing or entering a judgment in favor of the plaintiff. In Suffolk County, the filing fee is $10, if you are asking for $1,000 or less, and $15, if the amount is more than that. You are a homeowner's association and you hire Ernie's lawn company for landscaping. 631-852-2122, Criminal Office Riverhead, NY 11901, Coronavirus Emergency Inquiries FAX 631-852-2604, Judicial Diversion Program Sometimes these fees can be added to the judgment so the judgment debtor would have to pay you back. FAX 631-852-3904, Security Is there a deadline to serve a subpoena? A .mass.gov website belongs to an official government organization in Massachusetts. You are a corporation and you have a contract to sell bananas to Joe's grocery store. Suffolk County 4th District Court Contact Information. What if someone sues me, but I am not the responsible person? You may be entitled to interest if the basis for your case is property damage or based on a contract. No. What if someone sues me, but I am not the responsible person? New York, NY 10271 Before your trial, organize all your evidence that supports your claim, including: If you are asking for money for repairs or service, you must get two different itemized written estimates. If the defendant is not in Court when the Small Claims Clerk calls the case, the Court will hear your case without the defendant. (631) 208-5775, Criminal Division: Specialty Parts The agency may decide to revoke, suspend, or refuse to grant or renew a business license. Suffolk County 5th District Court Contact Information. If the claim is still not settled by the new trial date, go to court on the new date. Corporate entities, partnerships, and other entities cannot file in small claims court. This notice informs a defendant the time and location of the hearing and states the reason for the claim being made by plaintiff. Chambers: Arthur M. Cromarty Court Complex Information 631-852-2626 Accessibility. FAX 631-852-3553, Sex Offense Court Suffolk County 2nd District Court Contact Information. A witness can be: Before speaking to the Court (testifying), all witnesses must first swear to tell the truth. If you use the Claim and Notice form in Supporting Documents below, you will need one complete original to file with the Court. 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). That doctor must be willing to testify at your trial. Then after it is sold, the officer's fees and expenses, as well as any mortgage, tax liens, and previous judgments owed by the judgment debtor will be deducted from the proceeds of the sale. Address, Phone Number, and Fax Number for Suffolk County 5th District Court, a Court, at Veterans Memorial Highway, Ronkonkoma NY. Chief Magistrates. Landlord & Tenant Court - housing proceedings and evictions. Tell the Small Claims Clerk if you need proposed questions to ask about assets. Information 631-852-2130, County Clerk's Office for Records The Clerk will give you instructions. What information will I need to fill out the form? 3105 Veterans Memorial Highway You can also ask for a continuance on the hearing date, but you need to be prepared in case the court refuses your request. Keep in mind that it may cost you more to appeal your Small Claims case than what you could win. The window for filing an appeal is thirty days from the judgment (or thirty-five if you received the judgment in the mail). 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. If neither notice could be delivered, the clerk will: How do I have the defendant served? Riverhead, NY 11901 Do I need a lawyer to sue in Small Claims Court? You may not use this site for the purposes of furnishing consumer reports about search subjects or for any use prohibited by the FCRA. No. The claim will be dismissed after four months if the defendant has not been served. The landscaping is done poorly. You can sue for the money you are owed. Alfred W. Bates III, Presiding Judge, Chief Judge . The filing fee is $10 for claims $1,000 or less; $15 for claims over $1,000. Contact the New York State Department of Motor Vehicles to find out if the judgment debtor owns a car. Address, Phone Number, and Fax Number for Suffolk County 6th District Court, a Court, at West Main Street, Patchogue NY. Privacy Policy This information may help you collect your judgment if you win your case. If s/he does, the enforcement officer might be able to seize (take) it, then sell it to pay your judgment. The Court will give you a new trial date. TIMOTHY MAZZEI New York State homepage Suffolk County homepage. . Make sure you put enough postage! The action must be brought in the town or village where the defendant resides (or has an open business office). FAX 631-852-2306, Special Term Office/Motions and Appeals You can only sue for money. Yes. (631) 852-2000 ( approximately $4,500)? You cannot file more than 5 claims statewide per calendar month. 3105 Veterans Memorial Highway They enforce laws and policies dealing with consumer credit, financial services, illegal lending, and other consumer abuses. Law Clerk: Sheila Ballato Hon. SUFFOLK COUNTY SHERIFF Unless you are the parent or guardian suing on behalf of your child, probably not. Law Clerk: Kyle Gruder You cannot have a trial if the defendant was not served. Administration & Personnel - Chief Clerk's Office. Give you a new date and time for your trial. Schedule for Small Claims and Commercial Small Claims Court. Sheriff's Office personnel work for the county. Search court cases for free, read the case summary, find docket information, download court documents, track case status, and get alerts when cases are updated. Small claims cases decided by an Arbitrator do not have juries. Thanks you, Ron Schiller 516-214-4457. 631-852-2395, HON. For example, if you had an accident in a borrowed car, the registered owner of the car can sue, but you cannot sue for damages to the car. You can use the Small Claims courts to sue a. The higher Court will not change a Small Claims decision because of a technical mistake made at the trial. Riverhead, NY 11901 Important! Adjournments in the Small Claims Court are discouraged. After 30 days, you may file start your case in Small Claims Court. fax (631) 853-4505, Landlord & Tenant FAQ's (housing, evictions), Post-judgment FAQ's (collecting, enforcing, vacating), 1st District Civil - Ronkonkoma Courthouse, 3rd District - Huntington Station Courthouse, First & Fifth District Courts, Ronkonkoma. By law, you have only 90 days to notify the agency. Information 631-852-1462 Secretary: Natalie Darjania What if a witness does not want to give me records? Id like to institute a small claim against a person who lives in Mt. The Department of Transportation regulates railroads, buses and trucking companies. Terms and Conditions. FAX 631-852-2020, Court Reporters Photos, written agreements, letters, or other documents. In the alternative, call the Office of Court Administration emergency telephone No. What if I do not have the defendant's correct, legal name? 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. 400 Carleton Ave - Room D220. Chief Magistrates. The Arbitrator's award is vacated and a Judge has a trial as if arbitration never happened. Who should I send the information subpoena to? Suffolk County Small Claims Court In Suffolk County, small claims court cases are heard in the local town or village court. The Sheriff's Office will want to know about the judgment debtor's property, including: How do I find out about the judgment debtor's money and property? The filing fee for a counterclaim is $3.00. Can I go to any small claims in Suffolk County? Certified Mediators in Circuit 5. You or someone else may start your case by filling out a Complaint Form (DC-283). 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). 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? NYS Court of Claims Judge and Acting Supreme Court Justice 120 Broadway You should contact the Court the day after your trial date to find out what the new trial date will be. Supreme Court Reporters 631-852-2334 County Court Judge, Acting Family Court Judge and Acting Supreme Court Justice The County Court also has limited jurisdiction in civil cases, generally involving amounts up to $25,000. 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 the party you intend to sue resides or does business in New York City, file your claim in the NYC Civil Court where you or the party resides or does business. Secretary: Danielle R. Donovan Supreme Court Justice see Landlord Tenant Court for additional information. Secretary: Kelly McCormack-Honey Email the Webmaster. PHILIP GOGLAS Certified Mediators in Circuit 5. Central Islip, NY 11722, Drug Treatment Court Project Director Small claims of $500 and under= $40. 631-852-2166, HON. Have photo ID available. For questions about your specific case, please contact the district court at ADR clerk. When you file the original Transcript of Judgment with the County Clerk, you may request the County Clerk sign and seal an Income Execution form, like the Blumberg T439. 631-852-3040, Sex Offender Petition for Relief or Modification. The clerk will call your case and your name. Phone Number (831) 852-2000 Dockets 1-100 of 9648 results. Who can use Small Claims Court? In small claims court cases, a continuance can also be called an adjournment. Checks and money orders should be made payable to "The Clerk of the Court." She can also be reached by phone at (631)381-6017 or email at mmahone1@nycourts.gov. If the defendant lives, works, or has a place of business in New York City, you can use the Small Claims Court in: If the defendant lives in New York City, but you do not, contact the Small Claims Clerk (see page 31 of the Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County, Suffolk County) in the county where the defendant lives , works or has a place of business. The Court's decision about how much money the other side has to pay you. Address, Phone Number, and Fax Number for Suffolk County 2nd District Court, a Court, at East Hoffman Avenue, Lindenhurst NY. Do I have to go to Small Claims Court to solve my problem? 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. What if I do not agree with the Court's decision? Can you refer me to which location I need to go and the phone number of that court. Can a collection agency file a Commercial Small Claim? Each village or town has in Suffolk County has its own court to handle cases arising at that town or village. Defendants in default judgment cases can ask the Small Claims Court Clerk how to re-open a case. Chambers: Arthur M. Cromarty Court Complex The Small Claims Court is a branch of the Superior Court of Justice, and handles nearly half of all civil claims in the province. Yes. If the judgment debtor still owes money on the car, that loan must be paid before you can get any money. (631) 208-5775 You should receive a written decision, called an Arbitrators Report, in the mail within 2 weeks. Central Islip NY, 11722. Chambers: Arthur M. Cromarty Court Complex Small claims cases decided by a Judge do not have juries unless the defendant demands it. It says: If you win, you are the judgment creditor. If you contact the Suffolk County Clerks Office, they will be able to provide you with the proper business name. WHAT IS SMALL CLAIMS COURT? Even if you won your case, there is no guarantee that you can collect your money. If the party you intend to sue resides or does business in Babylon, Brookhaven, Huntington, Islip, or Smithtown in Western Suffolk County, file your claim in the Suffolk District Court. Maureen Hordy, Resource Coordinator II File a copy of the Transcript of Judgment, the original and multiple copies of the Property Execution form, and the appropriate filing fees with the Sheriffs Office - call the Sheriff at (631) 852-5627 for details. It's up to you to prove your claim. Criminal Traffic & Parking. If the Court agrees to open the case again, the clerk will schedule another trial. 631-852-1461 The Court will send you a notice or you will be told on the trial date. There can be more than one defendant in a Commercial Small Claims case. Caution! You can ask the Small Claims Court Clerk for a witness subpoena if you do not have an attorney. In most cases, the Court needs some time to consider your case. 210 Center Drive Ask the clerk how to file by mail. Find out if the judgment debtor has a car. Secretary: Ariel Browns 30 Yaphank Avenue . WHO TELLS THE DEFENDANT ABOUT MY CLAIM? Cohalan Court Complex A third party is also sometimes brought into a case by a defendant if the defendant feels that the third party may be wholly or partly responsible for plaintiffs claims. 631-852-2120 Suffolk County District Court, 3rd . Can a Commercial Small Claimant sue more than one person or business? You (the claimant/plaintiff) must pay any additional court fees. A self-addressed stamped envelope. You should give the witness a "reasonable" amount of time to prepare for the trial and/or to produce the items listed on the subpoena. Can I postpone my trial? Does he have to take his father to small claims or can I since he was under 18 at the time? Lindenhurst, NY 11757 (631) 208-5775. You, the claimant, go first. A trial de novo is a new trial. The bond or money deposited guarantees payment of the judgment if you lose the appeal. They will be listed by the last name of the plaintiff and the last name of the defendant (or business name). A mediator from a community dispute resolution center may help you settle your case. The other side may have a lawyer. What are Commercial Small Claims? You pay half the money owed up front. Can I sue for more than $5,000 in Small Claims Court? Neither you nor anyone else involved in this case can be the server. Businesses can be slightly more difficult because you may not know the structure of the business. It is authorized to handle criminal prosecutions of both felonies and lesser offenses committed within the county, although in practice most minor offenses are handled by lower courts. FAX (631) 854-1127, Third District Court, Huntington Small Claims Court / Commercial Small Claims: Nassau County - 10th . The small claims division of a district court has the power to hear civil cases in which a party (the plaintiff) is seeking a money amount up to $5,000. If the defendant cannot be served by mail, the clerk will tell you what to do. An execution is a court order that allows the Sheriff's Office to take property or money to get your judgment paid. The defendant would have to pay a demand for jury trial fee and an additional $50 fee (The $50 fee is an "undertaking" will be given to the side that wins the case). Every county in the state of New York has a community dispute resolution center that offers mediation for free. It also grants licenses to public utility companies for real estate rights on Department of Transportation-controlled property. You can have witnesses at your trial. Do you need a lawyer to bring a Commercial Small Claim? The Department of Taxation & Finance 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. Do I have to pay to file my claim? If the plaintiff fails to appear at the hearing, the case is dismissed. You can get the Demand Letter for Commercial Small Claims Consumer Transaction and the Certification for Commercial Small Claims Consumer Transaction forms from the Court Clerk. For Landlord-Homeowners without attorneys: Some of the forms needed to start the most common Landlord Tenant actions are online at: If you do not do this now, it will be very hard for you to collect your money judgment if you win. Do I have to pay the witness? If it hasn't, you can start collecting your judgment right away. If both parties are ready, the case will proceed. Defendants in default judgment can ask the Small Claims Court Clerk how to re-open a case (by order to show cause and a supporting affidavit). Later, if you find out about the defendant's location, you can file your claim again. CountyOffice.org does not provide consumer reports and is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). Yes. JAMES F. MATTHEWS It is usually posted outside the courtroom. DAVID A. MORRIS Secretary: Patricia Quinlan STEPHEN L. BRASLOW Leslie Martinez. Abitration is a type of dispute resolution that is less-formal than a trial, but more formal than mediation. P.O. CAN I CHANGE THE DATE OF MY HEARING? FAX (631) 854-1444, Court Officers - Security Department Law Clerk: TBD In small claims court, individuals can sue for up to $3,000. How will I know if the defendant files a counterclaim? Note: If you have a claim for more than $3,000, you cannot separate it into two claims to be under the limit. You may use any of the five Suffolk District Court locations most convenient to you. (This is called an Adjournment Pending Settlement.) Your statement of the case should be concise but still include all the important facts. Address and Phone Number for Suffolk County Traffic Court, a Court, at Veterans Memorial Highway, Hauppauge NY. Some courtrooms have the parties check in as they arrive. Secretary: Barbara Snyder local rule 6.3 - which has been amended to direct parties to utilize medation resolutions or a mediator designated by the court if parties cannot mutally agree upon a mediator. Small claims of $501 to $2,000 = $50. The Rules of the Small Claims Court provide for . This is called an "appeal.". A witness subpoena is a court order that can order your witness to go to your trial to testify. If the defendant files a counterclaim, s/he must do so: If the defendant sues me, will my case be postponed? Can the person I am suing sue me? For people, you will want the persons first and last name (their real name, and not a nickname they go by). If you are under 18, your parent or guardian can sue for you. He kept this money. Address, Phone Number, and Fax Number for Suffolk County 4th District Court, a Court, at Veterans Memorial Highway, Smithtown NY. small claims. Fill out a court form that explains your claim. SUFFOLK COUNTY CLERK Name Suffolk County 5th District Court Address 3105 Veterans Memorial Highway Ronkonkoma, New York, 11779 Phone 631-854-9673 Fax 631-854-9681 No. HON. You must pay the witness fees, and in some cases, you may have to pay travel expenses, too. Before they testify they must also take an oath to tell the truth. Yes! What are the special rules for starting a Commercial Small Claims case that is a Consumer Transaction? Get the notice form from the agency you are suing. 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. Chambers: Arthur M. Cromarty Court Complex Chambers: Arthur M. Cromarty Court Complex The Suffolk County Court is located in the Arthur M. Cromarty Court Complex, Criminal Courts Building, 210 Center Drive, Riverhead, New York 11901. Central Islip, NY 11722, Susan Alexander - Principal Court Attorney, Chief Clerk's Office: Administration & Personnel The County Court is established in each county outside New York City. Look for your last name and the defendant's last name on the calendar. A defendant who is interested in filing a third party action should contact the clerk of the local court for the property procedures and filing fees. Can I sue for more than $5000 in Small Claims Court? . Cohalan Court Complex You can request a transcript of judgment from the Court Clerk. When you arrive, you should look for the small claims court calendar or for a clerk to assist you. Here are some examples of Commercial Small Claims: If your Commercial Small Claim is against an individual, not a business, and the claim is about goods or services that were mainly for personal, family or household use, the Commercial Small Claim is a "consumer transaction." Supervising Judge of the County Court and Supreme Court Justice Ronkonkoma, NY 11779 Chambers: Arthur M. Cromarty Court Complex That said, you may choose to hire an attorney to represent you. Phone: (757) 514-4822 Fax: (757) 514-7783 . In New York City, you can sue for up to $10,000. These are discouraged as the purpose of small claims court is a quick, efficient way of resolving disputes. There are additional fees you need to file as well as determining whether a transcript of the case needs to be ordered. Riverhead, NY 11901 Pay a court fee ($15 - $20) Corporations, associations, partnerships, and assignees must start a Commercial Small Claim. Do I have to tell the agency that I plan to sue them? The Judge's decision is based on the evidence and testimony heard by the Judge, not the Arbitrator. . A court will only overturn a judgment if it is clearly erroneous. This is why we recommend consulting an attorney to determine if an appeal is appropriate. Learn how to start a case, collect a judgment, find resources and more. 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. The Court can get you an interpreter, if you need one. 4:00 PM Address 150 North Main Street Suffolk, VA 23434-4552 Judges. Law Clerk: Kerry Bassett Where can I get an information subpoena form? If you did not have the defendant's correct name when you started the case, you may ask the Court to correct it now. FAX 631-852-2568, Deputy Chief Clerk You cannot use a subpoena to make an expert witness testify. The type of property and the location of the property. After you file your claim, the Small Claims Court Clerk will serve the defendant a notice by mail. You are not required to have an attorney to file an appeal, but you should consult with one. I have a question if i am 18 and will not be in the state can I have my mom be a proxy and go to trial in my place. If you are under 18, your parent or guardian can sue for you. District Court Judge and Acting County Court Judge (Civil 325d Part) Was due to receive. The calendar is a list of the day's cases. . 210 Center Drive View map of Suffolk County 5th District Court, and get driving directions from your location. If you are interested in filing an appeal, check with the clerk of your specific court for the procedures and filing fees. 631-852-2176, HON. In others, the parties only check in when their case is called. If the defendant lives, works, or has a place of business in Nassau County, you must use the Small Claims Court listed on page 32 of the Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County, Suffolk County (2010) to know which court you must use. Or you can have someone who is 18 or older not you or anyone else involved in this case serve the notice. Suggest Listing Arbitration can only be used when all parties agree (as the outcome is binding on all parties). . Unless you deposit a sum of money equal to the amount of the judgment or file a bond with the Small Claims Court Clerk, you must pay the judgment. If the defendant did not come to court and the court orders a default judgment , The defendant may ask the Court to open the case again if s/he has. All Rights Reserved. Is there another way to solve my problem without going to Court? Rates for privately owned gas, electric, steam, telephone, telegraph, radio-telephone, and waterworks corporations need Commission approval. Chambers: Arthur M. Cromarty Court Complex The judge will then determine if the case should remain in small claims court or be transferred to the regular civil part. You must provide information regarding assets subject to levy and prepay the statutory fees to the Sheriffs Office. The higher Court will only decide if there was substantial justice between the parties. 210 Center Drive It also appoints cigarette tax agents. The claim must be filed within ninety days of the incident. Do I need an expert witness to testify at my trial? The clerk will sign the information subpoena, but will not deliver it for you. The arbitrator applies the same law to your case that the judge would. Ask for a postponement so you can finish your agreement and get your claim paid. You can buy the Income Execution form online or from a legal stationery store. How do I start my Small Claims or Commercial Small Claims case? SEE BELOW FOR TRIAL DE NOVO. 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. Riverhead, NY 11901 If the Sheriff's Office is taking property to pay the judgment, you must also pay the Sheriff's Office's mileage fees in advance. STEVEN A. PILEWSKI Any person who is 18 or older can sue in Small Claims Court. Lastly, my child was under 18 when his father cashed checks from the insurance company The Small Claims Clerk will collect a fee. Reasonable usually means 5 or more days before the trial. FAX (631) 854-9681, Sixth District Court, Brookhaven RICHARD I. HOROWITZ Real property can be sold to pay your judgment. In the small claims court of Suffolk County, MA an individual or sole proprietor can sue for $10,000.00 or less. RICHARD AMBRO, J.S.C. The Suffolk County Court is located in the Arthur M. Cromarty Court Complex, Criminal Courts Building, 210 Center Drive, Riverhead, New York 11901. You cannot ask the court to order a defendant to do something (like fix your property damage or fulfill the terms of a contract). Before you start your case, read these important facts: Corporations, associations, partnerships, and assignees must start a Commercial Small Claim. Secretary: Sheila Sullivan Huntington Station, NY 11746 Suffolk County District Court Commercial Claims - COMPLAINT FORM Instructions THE MAXIMUM YOU CAN SUE FOR IS $5000 1. Loretta Costa. Want to take previous tenants to court,was in process of eviction then when it came time to serve for court they left and dont have address,but have copy of drivers license and ss#.How could I find there address? Website. Popularity:#3 of 42 Courts in Suffolk County#10 of 1,428 Courts in New York#112 in Courts. 631-852-1886, HON. You must file the original transcript of judgment with the Suffolk County Clerk. Yaphank, NY 11980 You will need the correct name and street address of each defendant and claimant. In arbitration, a person (called an arbitrator who is usually an attorney) will hear evidence of the case that each party presents. Send the signed information subpoena to the judgment debtor along with: Are there other ways to make a judgment debtor pay? If a judgment debtor has 3 or more unpaid recorded judgments including yours, but s/he has the ability to pay them, you may be able to sue the judgment debtor for 3 times more than your original judgment. If the party you intend to sue resides or does business in Nassau County file your claim in the Nassau District Court (see page 32 of Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County, Suffolk County (2010). If both sides have a lawyer, your case may be transferred to Civil Court. Find Court Records related to Suffolk County 5th District Court. You will have to pay for a fee for a Notice of Appeal. In certain kinds of cases, you may be able to get the judgment debtor's driver's license or professional or business license suspended until the judgment is paid. Cohalan Court Complex. extracted and updated from Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County, Suffolk County (2017). Secretary: Carolann McClain District Court in the outlying courthouses in Hauppauge, Huntington Station, Lindenhurst, Patchogue, and Ronkonkoma. This is called a trial de novo. Phone - (904) 548-4600. 631-852-2168, HON. #C158 Deadline! You must arrange for the witness to be served the subpoena. You can sue for up to $5,000 in City Courts or up to $3,000 in Town and Village Courts. The subpoena must be served before the trial date. In Small Claims and Commercial Small Claims Court, a counterclaim can only be for money, and the limit is $5000. We recommend arriving to court at least fifteen minutes before your hearing. Sinai and works in Patchogue. Mailing Address: 76347 Veterans Way Yulee, FL, 32097. Landlord & Tenant FAQ's (housing, evictions), Post-judgment FAQ's (collecting, enforcing, vacating), Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County, Suffolk County (2017), strict deadlines for claims against a municipality, city, or county agency, Demand Letter for Commercial Small Claims Consumer Transaction, Certification for Commercial Small Claims Consumer Transaction, search the Corporation & Business Entity Database - NYS Department of State, filing the Small Claims Complaint form by mail, filing the Commercial Claims Complaint form by mail, fees to sue in Small Claims Court are listed on our Fees webpage, find the location of a community dispute resolution center near you, Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County, Suffolk County (2010), Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County, Suffolk County), Some instructions will be included - read them carefully, New York State Department of Motor Vehicles, request the Small Claims Clerk to issue an information subpoena, Department of Motor Vehicles for the Supporting Affirmation (SR-60) form, a list of some agencies that may be able to help you, Find the right court for your Small Claim. a good reason for not going to the trial. How do I file a claim for small claims court in Suffolk County NY if the amount is more than Website. Riverhead, NY 11901 If you can find the name and address of the judgment debtor's bank, the enforcement officer can seize (take) money from the account to pay your judgment. 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 server can be a friend or relative who is 18 or older. Criminal Division - 1st District Criminal Traffic & Parking, Administration & Personnel - Chief Clerk's Office, Criminal Division: General Clerk's Office You can read below for collection suggestions. Who gives (serves) the witness the subpoena? Clerk's Office & Probation Department (617) 666-8000. If the post office cannot deliver notice of the claim and you believe the person still resides in that village or town, the court (clerk) will give you a new hearing date and will instruct you on how to personally serve the defendant. Fax: 617-436-8250. email: kimberly.macdonald@jud.state.ma.us. Address, Phone Number, and Fax Number for Suffolk County 5th District Court, a Court, at Veterans Memorial Highway, Ronkonkoma NY. County Court Judge (Civil 325d Part) One section of the form will ask for a statement of the case. Persons who wish to file an off-hours (i.e. As a defendant, you can file a counterclaim against the plaintiff (in which you assert that plaintiff owes you money). Riverhead, NY 11901 Phone: 617-288-9500 x225. The department issues permits for motor vehicles subject to highway-use or fuel-use taxes. Cohalan Court Complex What if a witness does not want to testify? The defendant is the party who is being sued. 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. It tells the defendant: How do I know if the defendant was served? Law Clerk: Kelly Reape (631) 208-5775 Yes. When a corporate entity is sued, it can authorize an employee, director, or attorney to appear and defend it in court. The Court will not collect the money for you. To obtain the correct or legal name of a business. The Department of Labor has regulatory jurisdiction in the areas of employee safety and health, employee earnings, and employee coverage under unemployment insurance. If you, the claimant, are not in Court when the Small Claims Clerk calls the case, the Court will dismiss your case. Fill out a court form that explains your claim, Be a corporation, association, partnership, or assignee, Send a demand letter first for consumer transactions, Be a corporation, association, partnership, or assignee that has its principal office in New York State. "Corporation" includes municipal corporations and public benefit corporations. Partnerships may start a Small Claims case or a Commercial Small Claims case in Suffolk County District Court. Go to the County Clerk in the county where you believe the judgment debtor owns property. County Court Judge, Acting Surrogate's Court Judge and Acting Supreme Court Justice Corporations, associations, and assignees can start a Commercial Small Claims case, a different kind of Small Claims case. Send a letter to the Court and the other side asking to postpone (adjourn) your trial. The Education Department licenses approximately 30 professions, including: 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. Phone: (757) 514-4822 Fax: (757) 514-7783 . Phone: 617-288-9500 x200. Law Clerk: Meghan Vahey Suffolk County District Court Small Claims Court Locations. The Complaint Form describes your claim to the Court. This is the term the court uses to ask what your case is about. 210 Center Drive Suffolk County Police Department; Suffolk County Sheriff; New York State Police . County Court Judge, Acting Family Court Judge and Acting Supreme Court Justice Mediation is one way the court offers to try and settle your case without a trial. Landlord Tenant . 400 Carleton Ave - Room D254 The clerk will mark the case settled, and neither side will have to go to Court. In small claims court, individuals can sue for up to $3,000. Arbitrators and Judges apply the same law to your case, but a trial with an Arbitrator is less formal. These entities can only act as defendants in small claims court. Next, the Court and the defendant may ask you questions about the case. Small Claims Court is sometimes called the People's Court because: If the Court is not able to notify the defendant by mail, the clerk will tell you what to do. If the judgment will be taken from the judgment debtor's income, you may have to pay a fee in advance. 30 East Hoffman Ave Chambers: Arthur M. Cromarty Court Complex You have 1 year + 90 days to file (or 1 year + 30 days if you are suing the MTA). Information 631-852-2128 The County Clerk collects a fee to sign and seal the form. The fee varies depending on the amount of your claim. 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. Information 631-852-1613 Yes. SUFFOLK COUNTY CONSUMER AFFAIRS Can I file a claim for money owed to me last year? Kim MacDonald. (631) 208-5775 Do I still have to pay the judgment if I ask for an appeal? (631) 852-6000. If a Judge decided your case in a trial de novo, You can ask a higher court to review your case. 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. . It must be at least 35 days since the judgment debtor received notice of the judgment. You will also have to pay for a typed trial transcript for the higher court. If you and the defendant are both ready, the trial will start. 631-852-2169, HON. Can I have an interpreter? NEW YORK STATE DEPARTMENT OF AGRICULTURE & MARKETS. Do I print a claim form or go in person? Can you refer me to which location I need to go and the phone number of that court. Law Clerk: Nancy LeJava In Suffolk County, the mediation provider is: Long Island Dispute Resolution Centers Education and Assistance Corporation, Inc. 26 N. Clinton Avenue Bay Shore, NY 11706(631) 265-0490 If a case cannot be settled at mediation, the case remains with the small claims court (and proceeds to trial). Look Up Your Case | Forms | Guide to Small . The Small Claims Court Clerk can give you more information. If the defendant lives, works, or has a place of business in Babylon, Brookhaven, Huntington, Islip, or Smithtown in Western Suffolk County, you must use the Suffolk District Court. If the judgment debtor does own property, ask the Small Claims Court Clerk for a transcript of judgment, pay the fee for the transcript of judgment, and then file it with the County Clerk. Name Suffolk County 4th District Court Address 725 Veterans Memorial Highway Smithtown, New York, 11787 Phone 631-853-5408 Fax 631-853-5951 Yes! Pursuant to due process, a hearing cannot occur until the defendant has been served. Read it and the other instructions in the envelope carefully. (631) 853-4600 (8:30 a.m. - 4:00 p.m.) This is a legal document signed by the Small Claims Court Clerk that orders the judgment debtor and others to answer questions about the judgment debtor's assets. If the defendant lives, works, or has a place of business in Babylon, Brookhaven, Huntington, Islip, or Smithtown in Western Suffolk County, you must use the Suffolk District Court. The counterclaim needs to be filed within five days of your notice of the case, or the court may continue the hearing to a later date. The claim has at least one question of fact that must be decided by a jury. Information subpoena forms are also available with preprinted questions from : You can write your own questions based on what you know about the judgment debtor, if you prefer. Tell you how to have the defendant served, and. (631) 208-5778 (631) 208-5779, First & Fifth District Courts, Ronkonkoma If you need an interpreter, tell the Small Claims Court Clerk when you file your claim. Do I need a lawyer to sue in Small Claims Court? 210 Center Drive If a court does not have a clerk, generally the judge is available to help you with these questions. 400 Carleton Ave - Room D220 400 Carleton Ave - Room D326 The Court may take your case on that date or postpone it to a later date. (631) 208-5776 If your claim is for more than $5000, you must start a civil case. What if the Post Office was not able to deliver either notice? Loretta Costa. If your claim had to do with the judgment debtor's car or how s/he drove a car, If your claim was about the judgment debtor's licensed or certified business, notify the state or local licensing agency if the judgment debtor has not paid you. Small Claims Court is a special court where you can sue for up to $5000. 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. Law Clerk: John Dowden This is called treble damages. This court also hears cases where the plaintiff is seeking return of personal property valued up to $5,000. What if I don't speak English well? You or someone you know may have paid the judgment debtor with a check. Small Claims court is considered a "people's court," so it is not necessary to have an attorney to file a claim, but attorneys are not precluded from this court. Cohalan Court Complex County Court Judge and Acting Supreme Court Justice The court will provide the necessary forms. Calendars are called at 9:30 a.m. except Night Court at 5:30 p.m. You will take an oath to tell the truth, and then you will tell your side of the story and show the Court your papers and other evidence. You may feel certain that you will win your case, but the Court may not agree with you. Persons who wish to file an off-hours (i.e. Yes. The defendant must also file a sworn notarized statement, called an "affidavit," saying: The clerk can provide more information about how to ask for a jury trial. Small Claims Court Procedures. Contact Information. If you are under 18, your parent or guardian can sue for you. (631) 208-5775 The Income Execution directs the Sheriffs Office to enforce the judgment through the attachment and garnishment of wages, salary, and commissions of the Debtor. The Judge's decision may be the same as the Arbitrator's decision, or may award more or less money than the Arbitrator, or may decide for the other party. The filing fee for Suffolk County small claims court is between $35 to $75. Ask the Small Claims Court Clerk if the judgment debtor is listed in the Small Claims Court's index of unsatisfied judgments. 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. 210 Center Drive If you show enough evidence, you may win your case. A Small Claim filed by a corporation, partnership, or association for up to $5,000 is a Commercial Small Claim. Deadline! If you need additional copies, you can purchase them for .25 cents each. Central Islip, NY 11722 Name Suffolk County Traffic Court Address 100 Veterans Memorial Highway Hauppauge, New York, 11788 Phone 631-853-3800. (This is called an inquest.) The fees to sue in Small Claims Court are listed on our Fees webpage. Small Claims Court is held in the District Court Courthouses in Hauppauge, Huntington Station, Lindenhurst, Patchogue and Ronkonkoma one or two days a week at 9:30 AM. You must go to the Small Claims Court to file your case. Itemized bills, canceled checks, receipts or invoices marked PAID, damaged items, etc. Secretary: Carol Werner The Sheriff is an "enforcement officer" authorized to take money or property from the judgment debtor to pay your judgment. Then you can ask the Suffolk Sheriff (or enforcement officer where the property is located) to sell the property to pay your judgment. You can request the Small Claims Clerk to issue an information subpoena if you do not have an attorney. 210 Center Drive The Guide to Small Claims is . You cannot use only a PO Box address. Domestic Violence Court Resource Coordinator You (the claimant) and the Court can ask the defendant and the defendant's witnesses questions. But the judgment is valid for 20 years. The Department of Consumer Affairs enforces the Consumer Protection Law and weights and measures statutes. You do not have to have a lawyer to file a Commercial Small Claims case. The Court charges a fee for the transcript. If you have witnesses, they will take an oath and testify next. Small claims are for simple cases that don't involve . You cannot split your claim into smaller claims to get around the limit. The Court may tell you to discuss your case with a mediator in the courthouse to see if you can settle the case. County Court judges are elected to terms of 10 years. FAX (631) 854-4549, Fourth District Court, Smithtown Criminal Courts Building please review: local rule 6.2 - which requires defendants to file a written answer with the court on or before the return date. You can use any name that the business or person operating the business uses. FAX (631) 854-9681, Second District Court, Babylon A plaintiff or claimant can also sue a public entity like a city or other agency. (212) 416-8000Regional Offices, NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES. This court serves Medford and Somerville. Will the Court collect (enforce) the judgment? 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