| Civil Division |
| Small
Claims Actions Frequently Asked Questions |
Detailed information concerning the full scope of
small claims cases in Suffolk is available in The
Guide to Small Claims Court available at the clerk's
office. |
New York Governor Herbert H. Lehman proposed and signed the bill in 1934
creating a
SMALL CLAIMS PART in New York City Municipal Court
with a monetary limit of $50.00. Soon thereafter, Small
Claims parts were established throughout the state
with ever-increasing jurisdiction. (1945-$100.00, 1963-$300.00,
1971-$500.00, 1975-$1,000.00, 1981-$1,500.00, 1987-$2,000.00,
1994-$3,000.00, and 2004-$5000).
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Small Claims Actions
Frequently Asked Questions |
Small Claim
legislative history in New York State.
What
is the definition of a Small Claim Action?
What is the proper
venue for a Small Claim action?
What is a Commercial Claim
Action?
What
is the definition of a Consumer Transaction Claim?
Who can use the small
claims court?
Who should I sue?
How do I sue someone
in small claims court?
What if I only have
PO Box address of the person I intend to sue?
What if the person
I to want sue does not live in one of the five western
towns?
If someone owes me
more than $5,000 can I file separate small claims to
meet the total?
Who will
hear my case when I get to small claims court?
What happens when I get
to small claims court?
How do I prove my small
claims case?
What happens after
the small claims trial?
What happens if the defendant
does not come to small claims court?
Why must my small claims
case be heard by an arbitrator?
Do I need an attorney?
Can I sue for the
return of my property? |
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What is the definition of a Small Claim Action?
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| Any cause of action for money only, not in excess
of five thousand dollars ($5,000.00) exclusive of interest
and costs.
Small claims matters are limited to the recovery
of money. This is not the proper forum for punitive
damages.
In Suffolk District Court, the defendant either
resides, or has an office for the transaction of
business or a regular employment within any district
in the county (UDCA §1801):
one of the five western towns of Suffolk County (Babylon,
Brookhaven, Huntington, Islip or Smithtown).
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What is the proper venue for a Small Claim action?
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The proper venue for a small claims action is in the
District in which one of the parties resides at the commencement
of the proceeding or, if no party then resides in a District,
in the district in which one of the parties has regular
employment or a place for the regular transaction of
business (UDCA §301).
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What is a Commercial Claim Action? |
Chapter 653 of the Laws of 1987 enacted
Article 18-A of the court acts: COMMERCIAL CLAIMS.
The effective date for the District Courts and the
City Courts outside New York City was January 1, 1989,
and for New York City on January 1, 1991. The two year
delay for commencing Commercial Claims in New York
City gave court administrators an opportunity to prepare
for the expected flood of filings. The drafters were
so concerned, that the statute limited a commercial
claimant to only five (5) actions per calendar month.
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What is the definition of a Commercial Claim Action?
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| Same as SMALL
CLAIM definition PLUS the claimant is a corporation,
partnership or association, which has its principal
office in the State of New York. An assignee may institute
an action or proceeding under this article. (UDCA§§ 1801-A(a)
and 1809-A(a))
The provisions of the Court Acts and Rules for SMALL
CLAIMS and COMMERCIAL CLAIMS are similar if not identical
in most respects. In general, most procedures (e.g.
counterclaim, jury demand, etc. . .) will apply to
both SMALL CLAIMS and COMMERCIAL CLAIMS actions.
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What is the definition of a Consumer Transaction
Claim?
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A COMMERCIAL CLAIM against
a natural person, wherein the money, property or service
which is the subject of the transaction is primarily
for personal, family or household purposes (UDCA §1801-A(b)).
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Who can use the small claims court?
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- An individual, over age 18.
- A partnership or municipal corporation
- Corporations and associations must
use the commercial claims court.
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Who should I sue?
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While it is important to sue the proper party, it
is up to you determine who to sue. Court personnel
may not provide legal opinions.
In a motor vehicle accident the registered owner
of a vehicle should sue the registered owner of all
other vehicles involved in an accident.
You should always make an effort to sue a business in their true business
name. Such information is generally available through the Suffolk
County Clerk, the NYS Department
of State, or through consumer affairs or another state or county
licensing agency.
You may sue a business under a name known to you.
However, you must determine their true business name
prior to judgment.
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How do I sue someone in small claims court?
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A DC-283 Complaint Form must
be completed and filed with the court:
Small Claims instructions and link to the DC-283 claim form
Commercial Claims instructions and link to the DC-283 claim form
You need only know the name of the party you wish
to sue, their street address, the amount, and the
reason for your claim. Evidence is not required for
filing.
The court will prepare a summons and notify the
person you wish to sue.
The person or business you are suing must reside,
maintain an office for business or be regularly employed
in one of the five western towns of Suffolk County,
which are: the town of Babylon, Brookhaven, Huntington,
Islip or Smithtown.
A street address must be provided for the person
you intend to sue. Post office boxes alone are not
acceptable.
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What if I only have PO Box address for the person
I intend to sue?
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You should contact the United
States Postal Service or the Postmaster where the
post office box is located for the correct procedure
to obtain the street address for a business, corporation
or individual.
Post office boxes alone are not
acceptable.
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Can I file by mail?
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| Yes.
You may download a copy of a Suffolk
County District Court Complaint Form and mail
it to the District
Court Clerk's office with the proper fee.
Follow the directions referenced at the Small
Claims Mailing Instructions or the Commercial Claims instructions and link to the DC-283 claim form.
You may also send a self addressed stamped envelope
to the District Court
Clerk's office in the District Court where you
intend to file your claim. The proper fee,
in the form of a check or money order must be provided,
made payable to “The Clerk of the District
Court.” Do not send cash.
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What if the person I want sue does not live
in one of the five western towns?
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You must sue an individual or business in the county
of their residence or place of business. For example
a Nassau resident must be sued in Nassau
County.
If the party you intend to sue resides or does business
in Suffolk County but is located in one of the five
eastern towns, you must file your claim in the Justice
court within that town.
Riverhead
Southold
East
Hampton
Shelter Island - (631) 749-8989
Southampton
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If someone owes me more than $5,000 can I file
separate claims to meet the total?
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No! You may not split your “cause of action.” A
cause of action is the basis for the claim, such as
a contract or property damage from a car accident.
Separate contracts or accidents may allow you to file
separate claims.
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Who will hear my case when I get to court?
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All small and commercial claims cases are heard by
either an attorney arbitrator or a judicial hearing officer.
Hearings are informal and designed to expedite the claim
between the parties.
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What happens when I get to court?
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Your case will be called in the courtroom. If both
sides are ready to proceed, you will be called up to
the arbitrator for a trial. All initial claims are
heard by an arbitrator is Suffolk County.
The person who made the claim is called the plaintiff.
The plaintiff will state their case by testifying
under oath and presenting evidence. The person being
sued ( the defendant) will have an opportunity to
testify and present their own evidence.
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How do I prove my case?
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There are two parts to proving a case:
- Liability - Your testimony, the
testimony of witnesses or evidence such as a signed
contract, will generally prove who is at fault.
- Damages - The actual monetary amount
of the claim. Damages may be proved in one of three
ways:
- An itemized paid bill.
- Two estimates, from independent professionals.
- An expert witness (An expert witness may
be required to prove that a professional
performed their work improperly).
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What happens after the trial?
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If you have proven your case, the arbitrator will
award a judgment for the amount which you have proven.
If you have not proven your case the matter will
be dismissed.
If the defendant has filed a counterclaim and proves
their case, a judgment may be entered against you.
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What happens if the defendant does not come
to court?
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If the court was able to serve the person or business
you are suing, you will have the right to a one sided
trial called an Inquest. Even though the party is not
present, you must still prove your case.
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Why must my case be heard by an arbitrator?
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In the Suffolk County District Court
all matters are heard by an arbitrator. Judges in
Suffolk County are assigned to complex civil matters
and criminal proceedings, due to the high volume
of cases in the county.
Most people find a hearing before
an arbitrator to be even less complex than a formal
trial before a judge. If either party is not satisfied
with the arbitrator's decision, they may request
a new trial, which is called a trial de novo, before
a judge. There is an additional fee,
which is payable by the party requesting the trial
de novo. Less than 6% of all cases result in a
new trial. See Post
Arbitration Judgements and Trial de novo.
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Do I need an attorney?
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Attorneys are not required in small claims or commercial
claims court.
Either side may retain an attorney.
If both sides appear with an attorney the case may
be transferred to the regular civil part of the court.
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Can I sue for the return of my property?
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No!
Small claims is for the recovery of money only.
You also cannot sue to have an action performed such
as to have your kitchen cabinets fixed.
You may sue for the value of the property you are
missing, or for the value of the required repair. |
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Suffolk
Courts
