suffolk county small claims court phone number

Criminal Court Reporters 631-852-2151 or 2152 (It takes time to go through security and find your courtroom.). What if I don't speak English well? Secretary: Ariel Browns Criminal Traffic & Parking. Phone: (757) 514-4822 Fax: (757) 514-7783 . The County Clerk collects a fee to sign and seal the form. Hauppauge, NY 11788 210 Center Drive Phone: (757) 514-4822 Fax: (757) 514-7783 . What do I do with my completed form? It is usually posted outside the courtroom. You must arrange for the witness to be served the subpoena. About Us Contact Us Keep in mind that it may cost you more to appeal your Small Claims case than what you could win. Chambers: Arthur M. Cromarty Court Complex That means deciding if the trial was basically fair. County Court Judge and Acting Supreme Court Justice Who can use Small Claims Court? FAX 631-852-2604, Judicial Diversion Program Information 631-852-2130, County Clerk's Office for Records To obtain an accident report after 30 days, contact the New York State Department of Motor Vehicles , (518) 474-0710 . Do I have to pay the the Sheriff's Office? 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. If you and the defendant are both ready, the trial will start. The higher Court will not change a Small Claims decision because of a technical mistake made at the trial. For people, you will want the persons first and last name (their real name, and not a nickname they go by). Fax: 617-436-8250. If both sides have a lawyer, your case may be transferred to Civil Court. 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. You cannot use a subpoena to make an expert witness testify. This is called an "appeal.". Yes. Make sure you put enough postage! You can get the subpoena duces tecum at a legal stationery store or from a legal forms book from any law library. You (the claimant) and the Court can ask the defendant and the defendant's witnesses questions. Civil Court - jurisdiction limited to damages up to $15,000. The Public Service Commission oversees all gas, electric, and waterworks corporations, as well as telephone and telegraph lines. (631) 208-5775 Later, if you find out about the defendant's location, you can file your claim again. 631-852-2169, HON. Phone - (904) 548-4600. The higher Court will only decide if there was substantial justice between the parties. Can I sue for more than $5,000 in Small Claims Court? Law Clerk: TBD Riverhead, NY 11901 If the person you are suing (the defendant) wants to sue you, s/he may file a Small Claims counterclaim against you. Is there a limit on how many Commercial Small Claims can be filed? RICHARD AMBRO, J.S.C. Secretary: Barbara Snyder 30 East Hoffman Avenue. If you do not provide the defendant's true legal, it will be very hard for you to collect your money judgment, if you win. 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. Name Suffolk County Traffic Court Address 100 Veterans Memorial Highway Hauppauge, New York, 11788 Phone 631-853-3800. That said, you may choose to hire an attorney to represent you. DAVID A. MORRIS 3105 Veterans Memorial Highway When a corporate entity is sued, it can authorize an employee, director, or attorney to appear and defend it in court. The final judgment issued by the arbitrator cannot be appealed by any party. Leslie Martinez. Popularity:#3 of 42 Courts in Suffolk County#10 of 1,428 Courts in New York#112 in Courts. 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. (631) 208-5775 Someone who knows something about your claim, or, Someone with a lot of knowledge or experience with the reason for your claim. To obtain the correct or legal name of a business. Partnerships may start a Small Claims case or a Commercial Small Claims case in Suffolk County District Court. 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. You deliver the bananas, but Joe does not pay. Find out if the judgment debtor has a car. The Department of Labor has regulatory jurisdiction in the areas of employee safety and health, employee earnings, and employee coverage under unemployment insurance. You may use any of the five Suffolk District Court locations most convenient to you. It also licenses various types of businesses and activities. You, the claimant, go first. In the small claims court of Suffolk County, MA an individual or sole proprietor can sue for $10,000.00 or less. You can read below for collection suggestions. . FAX 631-852-2568, Deputy Chief Clerk Riverhead, NY 11901 You can sue for up to $5,000 in City Courts or up to $3,000 in Town and Village Courts. Secretary: Carol Werner Note: If you have a claim for more than $3,000, you cannot separate it into two claims to be under the limit. 30 East Hoffman Ave The Court will not collect the money for you. 3105 Veterans Memorial Highway. If you receive a notice of appeal, call the Small Claims Court to ask if a bond or the judgment amount has been paid to the Court. Yes. Small Claims Court Procedures. You must collect the judgment yourself. If the defendant lives, works, or has a place of business in Suffolk County but is located in one of the five eastern towns of Riverhead, Southold, East Hampton, Shelter Island, or Southampton, file your claim in the Justice court within that town (see page 34 of Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County, Suffolk County (2010). 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." Loretta Costa. You may be able to have the responsible person added to your case. . You can only sue to recover money. Suggest Listing The Arbitrator's award is vacated and a Judge has a trial as if arbitration never happened. For Landlord-Homeowners without attorneys: Some of the forms needed to start the most common Landlord Tenant actions are online at: Law Clerk: Kelly Reape Suffolk County Small Claims Court In Suffolk County, small claims court cases are heard in the local town or village court. 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. 631-852-2120 The County Court is established in each county outside New York City. Yaphank, NY 11980 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. 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. 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. The type of property and the location of the property. Ronkonkoma, NY 11779 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. 400 Carleton Ave - Room D254 631-852-1461 Alfred W. Bates III, Presiding Judge, Chief Judge . The Department's regulatory authority includes licensing of and the issuing of permits for: NEW YORK STATE DIVISION OF ALCOHOL BEVERAGE CONTROL - STATE LIQUOR AUTHORITY. Cohalan Court Complex Can a collection agency file a Commercial Small Claim? Do I still have to pay the judgment if I ask for an appeal? NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE. 210 Center Drive 631-852-2166, HON. 310 Center Drive Fax: 617-436-8250. email: kimberly.macdonald@jud.state.ma.us. Chambers: Arthur M. Cromarty Court Complex 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? Do I have to pay to file my claim? The New York State Unified Court System has a comprehensive brochure, Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County and Suffolk County, that explains the process and how to collect a judgment. KAREN M. WILUTIS You may use the District Court location most convenient to you. Arbitration can only be used when all parties agree (as the outcome is binding on all parties). County Court Judge, Acting Family Court Judge and Acting Supreme Court Justice The Court and defendant may ask them questions, too. ", S/he is asking for a jury trial in good faith, and. Find Court Records related to Suffolk County 5th District Court. Chambers: Arthur M. Cromarty Court Complex Checks and money orders should be made payable to "The Clerk of the Court." You cannot sue the federal government or a state agency in Small Claims Court. In Virginia, these cases are heard in the General District Court. 210 Center Drive This court serves Medford and Somerville. Maureen Hordy, Resource Coordinator II 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. Chambers: Arthur M. Cromarty Court Complex 210 Center Drive Your statement of the case should be concise but still include all the important facts. Frank L. Tropea Small claims cases decided by an Arbitrator do not have juries. FAX 631-852-3553, Sex Offense Court 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. Who gives (serves) the witness the subpoena? See below for. The defendant will have to pay a $5 filing fee plus the cost of mailing to file a counterclaim. Can you refer me to which location I need to go and the phone number of that court. Nights, Weekends, Court Holidays) Temporary Extreme Risk Protection Order application should contact the Suffolk County Police Department by calling 911. Private disputes that do not involve large amounts of money can be taken to the small claims court. Any corporation, partnership, or association that has its principal office in New York State, or an assignee of any commercial claim, may file a Commercial Small Claim* for up to $5,000. 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. If a court does not have a clerk, generally the judge is available to help you with these questions. 631-852-2319, HON. The minimum filing fee is $72.50, but additional fees and paperwork may be required call the Sheriffs Office at (631) 852-5623 for details. When you arrive, you should look for the small claims court calendar or for a clerk to assist you. You can also ask for a continuance on the hearing date, but you need to be prepared in case the court refuses your request. The date of your Small Claims Court trial. In arbitration, a person (called an arbitrator who is usually an attorney) will hear evidence of the case that each party presents. If the plaintiff fails to appear at the hearing, the case is dismissed. Their actions must be filed in Commercial Claims Court. The Department of Financial Services issues licenses and permits, conducts examinations, and administers fines relating to insurance companies, agents, brokers, and adjusters. Do I have to go to Small Claims Court to solve my problem? . Real property can be sold to pay your judgment. 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. A claimant or plantiff can only seek monetary relief in small claims court. 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. Defendant resides in Hauppauge which court do I file claim. (631) 853-4600 (8:30 a.m. - 4:00 p.m.) 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. You cannot file more than 5 claims statewide per calendar month. You will also have to pay the enforcement officer towing and storage fees in advance (about $150 or more). Accessibility. This is called treble damages. The fee varies depending on the amount of your claim. How do I file a claim for small claims court in Suffolk County NY if the amount is more than Reply. JAMES F. MATTHEWS . The window for filing an appeal is thirty days from the judgment (or thirty-five if you received the judgment in the mail). Start counting from the day you were injured or your items were damaged. Each village or town has in Suffolk County has its own court to handle cases arising at that town or village. Photos, written agreements, letters, or other documents. ( approximately $4,500)? Secretary: Danielle R. Donovan Law Clerk: Kyle Gruder 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? Only the court can grant a continuance. You will also have to pay for a typed trial transcript for the higher court. The filing fee is $10 for claims $1,000 or less; $15 for claims over $1,000. ( its almost a year ago) Now the Physical Therapy company that was due to receive the money put my child in collections. If you are under 18, your parent or guardian can sue for you. Give you a new date and time for your trial. Information 631-852-1462 Look for your last name and the defendant's last name on the calendar. If you are the defendant, the court may grant a default judgment in your absence. Send the signed information subpoena to the judgment debtor along with: Are there other ways to make a judgment debtor pay? You are not required to have an attorney to file an appeal, but you should consult with one. RICHARD I. HOROWITZ ", If you want to postpone your trial or make another request say, "Application. Address and Phone Number for Suffolk County Traffic Court, a Court, at Veterans Memorial Highway, Hauppauge NY. The fees to sue in Small Claims Court are listed on our Fees webpage. Sometimes, when a plaintiff and a defendant have both retained attorneys, the court can transfer the case from small claims to the regular civil part. The Court will send you a notice or you will be told on the trial date. 400 Carleton Ave - Room D340 You can request a transcript of judgment from the Court Clerk. Map of Suffolk County Traffic 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. It is almost always better if you and the defendant can make an agreement either before or during the trial. FAX (631) 854-1127, Third District Court, Huntington Persons who wish to file an off-hours (i.e. Find your Small Claims Courtroom, then look for the Small Claims Court calendar. Riverhead, NY 11901 Can corporations and associations start a Small Claims case? Riverhead, NY 11901 1850 New York Avenue Address, Phone Number, and Fax Number for Suffolk County 2nd District Court, a Court, at East Hoffman Avenue, Lindenhurst NY. You do not need a lawyer to sue in Small Claims Court. Abitration is a type of dispute resolution that is less-formal than a trial, but more formal than mediation. (631) 208-5778 (631) 208-5779, First & Fifth District Courts, Ronkonkoma Can I sue for more than $5,000 in Small Claims Court? How else can I find out about the judgment debtor's assets? The Small Claims Court is a branch of the Superior Court of Justice, and handles nearly half of all civil claims in the province. All Rights Reserved. How do I ask to postpone my trial? If you did not have the defendant's correct name when you started the case, you may ask the Court to correct it now. Or is it Patchogue? Cohalan Court Complex 400 Carleton Ave - Room D220 It's up to you to prove your claim. Patchogue, NY 11772 Unless you are asking for a postponement, say, "Ready. Loretta Costa. Defendants in default judgment cases can ask the Small Claims Court Clerk how to re-open a case. Even if you won your case, there is no guarantee that you can collect your money. please review: local rule 6.2 - which requires defendants to file a written answer with the court on or before the return date. For example, if your claim is about medical care, you will need a doctor with expert knowledge of your type of claim. You must file your Small Claims complaint or Commercial Small Claims complaint where the person you are suing lives, works, or has a place of business. These entities can only act as defendants in small claims court. 631-852-2122, Criminal Office 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. Mediation is one way the court offers to try and settle your case without a trial. The demand must be made prior to the hearing. 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. 631-852-1462, Chief Clerk The filing fee for Suffolk County small claims court is between $35 to $75. The clerk will call your case and your name. 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. You should find the defendant's true legal name before you file. . The notice is sent by certified mail and first-class mail. In small claims court, individuals can sue for up to $3,000. The Property Execution directs the Sheriffs Office to enforce the judgment by demand and through levy (seizure) of assets (such as a motor vehicle or bank account). 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. A self-addressed stamped envelope. 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. They enforce laws and policies dealing with consumer credit, financial services, illegal lending, and other consumer abuses. This is called a trial de novo. County Court Judge, Acting Surrogate's Court Judge and Acting Supreme Court Justice If the reason for your claim requires expert knowledge to understand, it's a good idea to have an expert witness. Important! It tells the defendant: How do I know if the defendant was served? Law Clerk: Michael Mercurio Do you need a lawyer to bring a Commercial Small Claim? 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. Information 631-852-2626 Is there another way to solve my problem without going to Court? If this happens the Court will enter a default judgment against the defendant. Third party advertisements support hosting, listing verification, updates, and site maintenance. New York State homepage Suffolk County homepage. #C158 Small claims are for simple cases that don't involve . Look Up Your Case | Forms | Guide to Small . You cannot have a trial if the defendant was not served. Ronkonkoma, NY 11779 If you show enough evidence, you may win your case. Your claim can ask for the money you are owed. If the party you intend to sue resides or does business in Suffolk County but is located in one of the five eastern towns of Riverhead, Southold, East Hampton, Shelter Island, or Southampton, file your claim in the Justice court within that town (see page 34 of Your Guide to Small Claims & Commercial Small Claims in New York City, Nassau County, Suffolk County (2010). If you are under 18, your parent or guardian can sue for you. The Court will notify the defendant for you, It has convenient hours of operation, and. Arbitrators and Judges apply the same law to your case, but a trial with an Arbitrator is less formal. Central Islip, NY 11722, Susan Alexander - Principal Court Attorney, Chief Clerk's Office: Administration & Personnel Landlord & Tenant Court - housing proceedings and evictions. Central Islip NY, 11722. The date and time of the hearing will be provided to you by the clerk. Cohalan Court Complex Secretary: Kathryn O'Rourke A Small Claim filed by a corporation, partnership, or association for up to $5,000 is a Commercial Small Claim. No. You must file a Notice of Appeal within 30 days of the Court's judgment. Veterans Memorial Highway Yes. (631) 852-5600, SUFFOLK COUNTY POLICE DEPARTMENT Reasonable usually means 5 or more days before the trial. 631-852-2168, HON. You can use the Small Claims courts to sue a. This court also hears cases where the plaintiff is seeking return of personal property valued up to $5,000. PHILIP GOGLAS Suffolk County District Court Commercial Claims - COMPLAINT FORM Instructions THE MAXIMUM YOU CAN SUE FOR IS $5000 1. You may be entitled to interest if the basis for your case is property damage or based on a contract. Donna Epp v. Smithtown Town Of . You cannot split your claim into smaller claims to get around the limit. Very few Small Claims decisions are appealed, and very few appeals are successful. Corporations, associations, and assignees can start a Commercial Small Claims case, a different kind of Small Claims case. ANTHONY S. SENFT, JR. Information 631-852-2000, Supreme/County Court Law Department If both parties are ready, the case will proceed. Central Islip, NY 11722 changes have been made to the waukesha county small claims process. CountyOffice.org does not provide consumer reports and is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). How do I find a Judgment Debtor's assets? 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? You must fully complete the Income Execution form including Debtors estimated salary and complete address for the Debtor and Debtors employer. The Department of Transportation regulates railroads, buses and trucking companies. Central Islip, NY 11722, Court Attorneys Do I need an expert witness to testify at my trial? Chief Magistrates. see Landlord Tenant Court for additional information. They will be listed by the last name of the plaintiff and the last name of the defendant (or business name). If you contact the Suffolk County Clerks Office, they will be able to provide you with the proper business name. Small Claims Court Procedures. You must fill out this form to file a case with the court. You can use any name that the business or person operating the business uses. What if I do not have the defendant's correct, legal name? There are strict deadlines for claims against a municipality, city, or county agency. This is the term the court uses to ask what your case is about. You can submit a subpoena duces tecum to the Small Claims Court Clerk and ask for the Clerk to issue it if you do not have an attorney. Law Clerk: John Dowden But you may have one at your own expense, if you want one. Sometimes these fees can be added to the judgment so the judgment debtor would have to pay you back. In Small Claims and Commercial Small Claims Court, a counterclaim can only be for money, and the limit is $5000. (631) 208-5775 Start counting from the date you were injured or your items were damaged. Small Claims Court. NEW YORK STATE ATTORNEY GENERALS OFFICE A plaintiff (sometimes called claimant) is the person who initiates or begins the lawsuit. Please contact one of the ADA (Americans with Disabilities Act) coordinators below for more information about accessibility at this court location. We recommend arriving to court at least fifteen minutes before your hearing. 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) 852-2000 Name Suffolk County 4th District Court Address 725 Veterans Memorial Highway Smithtown, New York, 11787 Phone 631-853-5408 Fax 631-853-5951 Riverhead, NY 11901 You can also hire a process server. County Office is not affiliated with any government agency. If you, the claimant, are not in Court when the Small Claims Clerk calls the case, the Court will dismiss your 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. Chambers: Arthur M. Cromarty Court Complex 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. Address, Phone Number, and Fax Number for Suffolk County 5th District Court, a Court, at Veterans Memorial Highway, Ronkonkoma NY. The Court will mail its decision to both sides within a few days. "Corporation" includes municipal corporations and public benefit corporations. You can ask the Court to postpone your trial, but unless you have a good reason, the Court may not agree. Where can I get an information subpoena form? If your case is not listed on the calendar, speak with the court clerk (or judge if there is no clerk present). 631-852-3848, HON. (631) 208-5775 WHAT IS SMALL CLAIMS COURT? Hon. The Property Execution (Form 199) is available from the County Clerks office. Businesses can be slightly more difficult because you may not know the structure of the business. 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? There are additional fees you need to file as well as determining whether a transcript of the case needs to be ordered. In Suffolk County District Court, an Arbitrator will decide your case. Address, Phone Number, and Fax Number for Suffolk County 4th District Court, a Court, at Veterans Memorial Highway, Smithtown NY. You can ask for a new trial in front of a Judge: Any party who is not in default has 35 days from the date of the mailing of the Arbitrator's Award to ask the court for a new trial before a Judge. Sheriff's Office personnel work for the county. If you use the Claim and Notice form in Supporting Documents below, you will need one complete original to file with the Court. Access court records for Suffolk County Supreme Court, NY. FAX 631-852-2020, Court Reporters What are Commercial Small Claims? A mediator from a community dispute resolution center may help you settle your case. Send a letter to the Court and the other side asking to postpone (adjourn) your trial. Ronkonkoma, NY 11779 (631) 208-5775. The court will provide the necessary forms. 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. At a trial de novo, the Judge does not read the Arbitrator's Award. He kept this money. You will be required to pay a filing fee. The arbitrator will then weigh the evidence with the law and issue a final judgment. You should make it a habit to collect this information from all people you deal with. 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. Phone: 617-288-9500 x225. 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. 3105 Veterans Memorial Highway (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). In Nassau and Suffolk Counties you can sue for up to $5,000. The Court will give you a new trial date. FAX 631-852-2306, Special Term Office/Motions and Appeals What if someone sues me, but I am not the responsible person? WHO TELLS THE DEFENDANT ABOUT MY CLAIM? Supreme Court Justice Deadline! If you are under 18, your parent or guardian can sue for you. 360 Yaphank Ave, Yaphank NY 11980 Suffolk County 5th District Court Contact Information. The action must be brought in the town or village where the defendant resides (or has an open business office). Address, Phone Number, and Fax Number for Suffolk County 6th District Court, a Court, at West Main Street, Patchogue NY. Adjournments in the Small Claims Court are discouraged. You pay half the money owed up front. Cohalan Court Complex. You must follow special rules for a consumer transaction. 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. Caution! If you fail to follow this rule, your case will be dismissed. Yes. One section of the form will ask for a statement of the case. Before they testify they must also take an oath to tell the truth. The Clerk will give you instructions. In small claims court cases, a continuance can also be called an adjournment. 4:00 PM Address 150 North Main Street Suffolk, VA 23434-4552 Judges. Secretary: Patricia Quinlan After the trial, the Court will mail you and the other side the Arbitrator's Case Report. You are a corporation and you have a contract to sell bananas to Joe's grocery store. SUFFOLK COUNTY CLERK After 30 days, you may file start your case in Small Claims Court. 210 Center Drive There is usually no charge for mediation (but there may be a small filing fee). The party is a person, business, or other entity involved in a court case (on either side of the v. in the case name). 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). Fill it out. (631) 208-5775 The other side may have a lawyer. 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). How to fill out the Small Claims Complaint Form, How to fill out the Commercial Claims Complaint Form. All evidence and witnesses are heard for the first time by the Judge. You are a corporation and you sell a dining room set to Rochelle. You will need the correct name and street address of each defendant and claimant. What if the Post Office was not able to deliver either notice? Riverhead, NY 11901 Address, Phone Number, and Fax Number for Suffolk County 5th District Court, a Court, at Veterans Memorial Highway, Ronkonkoma NY. Here is an example of a consumer transaction claim: Who can file a Commercial Small Claims case? The Department is responsible for the licensing of Wholesale dealers of cigarettes; State lottery ticket vendors. The clerk will mark the case settled, and neither side will have to go to Court. If you do not do this now, it will be very hard for you to collect your money judgment if you win. The claim has at least one question of fact that must be decided by a jury. Pay a court fee ($15 - $20) Corporations, associations, partnerships, and assignees must start a Commercial Small Claim. You must go to the Small Claims Court to file your case. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES. How do I start my Small Claims or Commercial Small Claims case? 400 Carleton Ave - Room D255 Yes. Website. Next, the Court and the defendant may ask you questions about the case. Small claims of $2,001 to $5,000 = $100. Find 8 external resources related to Suffolk County 5th District Court. Contact Information. FAX (631) 854-9681, First District Civil The procedures and rules for small claims court are actually designed to be simple and informal so that a party does not have to hire an attorney and should be able to represent themselves. CAN I CHANGE THE DATE OF MY HEARING? After you file your claim, the Small Claims Court Clerk will serve the defendant a notice by mail. If s/he does, the enforcement officer might be able to seize (take) it, then sell it to pay your judgment. You must file your Small Claims complaint or Commercial Small Claims complaint where the person you are suing lives, works, or has a place of business. Unless you are the parent or guardian suing on behalf of your child, probably not. The Suffolk County Court is located in the Arthur M. Cromarty Court Complex, Criminal Courts Building, 210 Center Drive, Riverhead, New York 11901. If your case is not listed on the calendar, or if there is no calendar posted, ask the Court Clerk for help. In most cases, the Court needs some time to consider your case. Information 631-852-2128 The landscaping is done poorly. No. If you and the judgment debtor agree to settle after you hire the Sheriff's Office, you must pay the Sheriff's Office 5% of the settlement amount, whether the Sheriff's Office helped you settle the case or not. You may feel certain that you will win your case, but the Court may not agree with you. P.O. You can ask the Small Claims Court Clerk for a witness subpoena if you do not have an attorney. 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. 631-852-1640, HON. Lindenhurst, NY 11757 (631) 208-5775. What are Commercial Small Claims and Consumer Transactions? You or someone you know may have paid the judgment debtor with a check. (631) 208-5775, Criminal Division: Specialty Parts (631) 208-5775 Phone. You can ask for an adjournment by sending a letter to the court before your hearing date. Yes. 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. The Court may dismiss your case, even if you are only 1 day late. Go to the County Clerk in the county where you believe the judgment debtor owns property. Suffolk County 6th District Court Contact Information. 3105 Veterans Memorial Highway Learn how to start a case, collect a judgment, find resources and more. This notice informs a defendant the time and location of the hearing and states the reason for the claim being made by plaintiff. Supervising Judge of the County Court and Supreme Court Justice For questions about your specific case, please contact the district court at ADR clerk. Information found on CountyOffice.org is strictly for informational purposes and does not construe legal, financial or medical advice. 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). Within 5 days of getting the notice of your claim, or. Central Islip, NY 11722, Drug Treatment Court Project Director 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. FAX (631) 854-4549, Fourth District Court, Smithtown 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. The other side may also have a lawyer. If the judgment will be taken from the judgment debtor's income, you may have to pay a fee in advance. Read it and the other instructions in the envelope carefully. Box 6100 Huntington Station, NY 11746 Secretary: Sheila Sullivan 631-852-1431, HON. You cannot ask for a postponement by phone. The subpoenaed witness has the right to receive a witness fee, which must be paid when the subpoena is served. She can also be reached by phone at (631)381-6017 or email at mmahone1@nycourts.gov. You can sue for your money back. If you are the defendant, the Court may hear your case even if you are not there. Sometimes Judges will postpone the trial even if you do not ask for it. (This is called an expert witness.). What are the special rules for starting a Commercial Small Claims case that is a Consumer Transaction? 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. You must provide information regarding assets subject to levy and prepay the statutory fees to the Sheriffs Office. Small Claims Court - simplified procedure, damages up to $5,000. Small Claims Court / Commercial Small Claims: Nassau County - 10th . The Small Claims Court Clerk can give you more information. A plaintiff or claimant can also sue a public entity like a city or other agency. HON. Chambers: Arthur M. Cromarty Court Complex Who can use Small Claims Court? You do not have to have a lawyer to file a Commercial Small Claims case. The Court's decision about how much money the other side has to pay you. Then the defendant takes an oath and tells his/her side of the story. The subpoena must be served before the trial date. Ask the Small Claims Court Clerk if the judgment debtor is listed in the Small Claims Court's index of unsatisfied judgments. File it in person (or ask someone to file it for you) at the Small Claims Court Clerk's Office. Tell the Small Claims Clerk if you need proposed questions to ask about assets. Suffolk County Small Claims CourtIn Suffolk County, small claims court cases are heard in the local town or village court. The defendant has to fill out, under oath, a statement identifying which issues the jury will consider. File a copy of the Transcript of Judgment, the sealed original and 7 copies (front and back) of the Income Execution form, and the Sheriffs Office fees with the Sheriffs Office. Yes. Terms and Conditions. Every county in the state of New York has a community dispute resolution center that offers mediation for free. You can use an information subpoena. Thanks you, Ron Schiller 516-214-4457. 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. Contact the New York State Department of Motor Vehicles to find out if the judgment debtor owns a car. 210 Center Drive Law Clerk: Sheila Ballato If you are interested in filing an appeal, check with the clerk of your specific court for the procedures and filing fees. FAX (631) 854-9681, Sixth District Court, Brookhaven It must be at least 35 days since the judgment debtor received notice of the judgment. What happens if one side does not go to the trial? If the Court agrees to open the case again, the clerk will schedule another trial. Itemized bills, canceled checks, receipts or invoices marked PAID, damaged items, etc. However, you have to file a claim with that agency before filing your small claims court action. The department issues permits for motor vehicles subject to highway-use or fuel-use taxes. Small claims cases decided by a Judge do not have juries unless the defendant demands it. Secretary: Kelly McCormack-Honey Have photo ID available. (This is called an Adjournment Pending Settlement.) The Rules of the Small Claims Court provide for . You must file the original transcript of judgment with the Suffolk County Clerk. North County Complex, Bldg. 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. 631-852-2395, HON. Suffolk County Police Department; Suffolk County Sheriff; New York State Police . FAX (631) 853-5951, Fifth District Court, Islip Get to the courthouse at least 15 minutes early. You should also send a copy of the letter to the other party. 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. An execution is a court order that allows the Sheriff's Office to take property or money to get your judgment paid. No. Hon. The Judge's decision is based on the evidence and testimony heard by the Judge, not the Arbitrator. Mental Health Court Resource Coordinator Chambers: Arthur M. Cromarty Court Complex Criminal Division: General Clerk's Office. A court will generally have a clerk who is available to assist with questions regarding the forms (and answer other questions). Chief Magistrates. How do I start my Small Claims or Commercial Small Claims case? Yes. 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. Suffolk County Small Claims Court Locations. small claims. 631-852-3040, Sex Offender Petition for Relief or Modification. Neither you nor anyone else involved in this case can be the server. If you need additional copies, you can purchase them for .25 cents each. Does he have to take his father to small claims or can I since he was under 18 at the time? 210 Center Drive You cannot sue to make someone do something or for pain and suffering. SUFFOLK COUNTY SHERIFF (631) 852-6000. Yes! District Court Judge and Acting County Court Judge (Civil 325d Part) How does the Sheriff's Office know what assets the judgment debtor has? Alfred W. Bates III, Presiding Judge, Chief Judge . The County Court also has limited jurisdiction in civil cases, generally involving amounts up to $25,000. The filing fee for a counterclaim is $3.00. Any person who is 18 or older can sue in Small Claims Court. Yes. Do I have to tell the agency that I plan to sue them? Chambers: Arthur M. Cromarty Court Complex Ask the clerk how to file by mail. No. Name Suffolk County 2nd District Court Address 30 East Hoffman Avenue Lindenhurst, New York, 11757 Phone 631-854-1121 Fax 631-854-1127 New York, NY 10271 In Ronkonkoma Civil Courts, the Court settles disputes between citizens that they are unable to resolve on their own. Law Clerk: Kerry Bassett Small Claims. You cannot sue to make someone do something or for pain and suffering. Evening Small Claims Court is held in Ronkonkoma on certain Wednesdays at 6:00 PM. Cohalan Court Complex If the defendant cannot be served by mail, the clerk will tell you what to do. 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. There can be more than one defendant in a Commercial Small Claims case. The Court may take your case on that date or postpone it to a later date. The individual kept saying they would pay which has exceeded 90 days. Can you refer me to which location I need to go and the phone number of that court. Small Claims Tax Torts . Is there a deadline to serve a subpoena? Who should I send the information subpoena to? Cohalan Court Complex 120 Broadway STEVEN A. PILEWSKI Law Clerk: Meghan Vahey Corporate entities, partnerships, and other entities cannot file in small claims court. In the alternative, call the Office of Court Administration emergency telephone No. Administration & Personnel - Chief Clerk's Office. Do I need a lawyer to sue in Small Claims Court? Criminal Courts Building 400 Carleton Ave - Room D150 The Court charges a fee for the transcript. You may ask the Court to question the defendant about his/her assets, such as a car, house, or bank accounts. Riverhead, NY 11901 (212) 416-8000Regional Offices, NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES. Service of the notice lets the defendant know about your claim. 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. Yes! In Ronkonkoma Criminal Courts, the government brings a case against a defendant who is accused of breaking the law. Can I sue a public agency in Small Claims Court? FAX (631) 854-1444, Court Officers - Security Department Find 6 Courts within 5.2 miles of Suffolk County 5th District Court. Name Suffolk County 5th District Court Address 3105 Veterans Memorial Highway Ronkonkoma, New York, 11779 Phone 631-854-9673 Fax 631-854-9681 View map of Suffolk County 5th District Court, and get driving directions from your location. (631) 208-5776 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. (631) 853-3290 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. (631) 208-5775. fax (631) 853-4505. Say that you are the judgment creditor in a Small Claims case, give the Sheriff's Office a copy of the transcript of judgment filed with the County Clerk, and say that you want to an execution. How will I know if the defendant files a counterclaim? You must pay the witness fees, and in some cases, you may have to pay travel expenses, too. Can I postpone my trial? (631) 208-5775 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). You cannot ask the court to order a defendant to do something (like fix your property damage or fulfill the terms of a contract). SEE BELOW FOR TRIAL DE NOVO. 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. You will have to pay for a fee for a Notice of Appeal. Kim MacDonald. Riverhead, NY 11901 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 you ask for a trial de novo you will have to pay a demand for trial de novo filing fee. Can the person I am suing sue me? What information will I need to fill out the form? Riverhead, NY 11901 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. The New York City County where the defendant lives or works, or has a place of business. The side that owes the money is the judgment debtor. 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). The County Clerk collects a fee to sign and seal each Income Execution form. (This is called an inquest.) Do I have to pay the witness? Yes. 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). If the defendant files the counterclaim on the day of the trial, you may ask the Judge to postpone the case so you can have time to prepare. County Court Judge, Acting Family Court Judge and Acting Supreme Court Justice If someone is younger than 18, a parent or legal guardian is able to bring an action on behalf of the minor. Riverhead, NY 11901 Small Claims Information: The monetary limitation for small claims actions is $3,000. The clerk will sign the information subpoena, but will not deliver it for you. Small claims court cases are designed to be relatively informal (compared to normal civil cases). Be an individual who is 18 or older. In small claims court cases heard in the village or town courts, you are not required to hire an attorney. If an Arbitrator decided your case and you do not agree with the decision. The Court may tell you to discuss your case with a mediator in the courthouse to see if you can settle the case. 631-852-2176, HON. Riverhead, NY 11901 Deadline! Law Clerk: Nancy LeJava Only the Judge decides if an adjournment is to be granted. In small claims court, individuals can sue for up to $3,000. TTD/TTY - Dial 711. She does not pay you for the furniture. You may use any of the five Suffolk District Court locations most convenient to you. 400 Carleton Ave - Room D326 Small claims of $501 to $2,000 = $50. A witness can be: Before speaking to the Court (testifying), all witnesses must first swear to tell the truth. There are special rules for Small Claims cases in Eastern Suffolk County. What if a witness does not want to give me records? Can the defendant and I agree to settle our case before the trial? Partnerships may start a Small Claims case or a Commercial Small Claims case in Suffolk County District Court. 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. Clerk's Office & Probation Department (617) 666-8000. You have 1 year + 90 days to file (or 1 year + 30 days if you are suing the MTA). 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