NY Small Claims Court- you can afford an attorney!
My name is Paul Matthews. I enjoy representing people in NY small claims court in addition to my matrimonial and family law practice. Although the Small Claims Court is designed to be user friendly so that you can sue without using a lawyer, the Court’s jurisdiction now goes up to $10,000.00, which means that you should consider having a small claims attorney assist you. You can call me for a free initial telephone or video consultation where I can explain the procedures and hopefully answer some of your questions about the process. Please be aware that a free initial consultation is not the same thing as free legal advice. The consultation is for you to gt to know me a little and for me to decide whether I want to take your case.
At the present time, due to the Covid 19 health situation, the small claims courts in New York City are not open but they courts are starting to do cases using Microsoft Teams, a video platform. I also people with their small claims cases by providing Skype consultations which can help you with strategy, tactics, and required evidence. I charge only $100 per hour for these consultation sessions.
An attorney can be invaluable in helping you come up with an effective trial strategy, is familiar with the typical legal defenses that may be applied by the Court, and can advise you as to the use of documents and the proof of money damages.
Out of state corporations are not allowed to sue in the New York small claims courts.
You must file your small claims court case in the county where the defendant resides, works, or has an office, not where you reside. Also, you will have to come to court yourself, unless you are a corporation with an employee who has full knowledge of the facts, or there is some other very unusual situation. Although in the past none of , none of the NYC Small Claims Courts allowed an appearance by telephone or allow witnesses to testify by telephone, this has recently changed due to the covid pandemic. It remains to be seen if the Small Claims court will allow telephone or video appearances once the pandemic is finally over.
Experienced lawyer for small claims trials and arbitrations
Over the last 15 years or so I have seen many many litigants go “pro se” and try to represent themselves in various courts, but I have only seen one or two out of hundreds, possibly thousands, who had the natural ability to be effective acting as their own lawyer.
When I myself first started trying cases over 20 years ago, it took me around 3 years, and over a hundred trials and hearings, before I had even started to “get good” at trying a case. This is why it makes sense to be assisted by an experienced small claims attorney. I have tried hundreds of cases in the Manhattan small claims court, Brooklyn small claims court, and Queens small claims court and am totally familiar with the practices and procedures followed in these Courts.
I can assist you by providing you with a list of cross examination questions, as well as an outline of the main areas and evidence that you should focus on.
The decision of whether to go with an Arbitrator or ask for a Judge is probably the most important tactical decision you will make regarding your Small Claims case. This is something we would have to discuss as there are pros and cons of each.
Amount you can sue for in the NYC small claims court
The maximum you can sue for in New York small claims court has been raised to $10,000.00. It is important to understand that you cannot recover for pain and suffering, aggravation, and the like in small claims court. You can only recover money damages, which means money actually spent by you or a loss or damage to property which can be quantified into actual dollars.
You must also prove every penny of your damages to the court, unless the defendant agrees as to the amount. You also cannot get around the $10,000.00 limit by breaking your $20,000.00 case into 4 separate suits. This is called “splitting your claim” and is not allowed.
Counterclaims and third party actions in the small claims court
A counterclaim is when the defendant (person being sued) “retaliates” by filing his own suit against the plaintiff. The counterclaim can be either related to the main claim or unrelated. A counterclaim can also be brought for up to $10,000.00. A third party claim is when the defendant believes that even if the plaintiff can prove that the defendant owes him money, the real culprit is a third party. In this situation, the defendant can bring the third party into the action by filing a third party case. The two cases will then be heard (and tried) together.
Procedures once you get to small claims court
Once you are in Court all NY City Small Claims Courts follow a similar procedure. The evening starts with a calendar call. Before the calendar call instructions are given. In Queens County Small Claims Court the instructions are repeated in Spanish. Motion calendar cases are usually called first.
A handful of lawyers are usually present and in some courthouses the first row is reserved for them. Most of these lawyers represent companies like verizon that are constantly being sued, or they work for automobile insurance companies. These lawyers typically have 3 or 4 cases a night, and will request adjournments on most or all of these.
I may be the only lawyer in NYC who is willing to go to court on just one case during an evening session.
A Motion is a formal written request to the Court for an order. The most common motions are a motion to re-open a default judgment and a motion to dismiss the case because the defendant is claiming a legal defense to the case, such as the statute of limitations. Almost all Motions are made by lawyers or law firms. Motions are heard by the Judge and are usually decided the same night after oral argument by both sides.
Each county has slightly different procedures. In Brooklyn County Small Claims Court, because they don’t have a room big enough to accommodate everyone, there are two separate calendar calls in two different rooms. One calendar call is for brand new cases while the other calendar call is for adjourned cases. Fortunately, the calendar calls are held at different times, but you still have to be in the right room at the right time.
I have found that many of the court officers in Brooklyn small claims courts are very rude to litigants, and some of the arbitrators are dismissive of both attorney and litigants. Actually the best thing about the Brooklyn small claims court is the Greek diner across the street where you can get a great burger or a great danish while waiting for the small claims court to open.
After the motion calendar, the “regular” cases are called. In Manhattan County small claims court there is usually a “second call” in case someone is late. At the calendar call both side states whether they are ready to be heard by an arbitrator, if they wish the case to be decided by a judge, or if they wish to ask for an adjournment of the case for another night. This is called an “application”. I have found that the arbitrators in Manhattan small claims court are the most professional of all that I have encountered in NYC small claims court.
The Queens small claims court is conveniently located in Jamaica Queens near the subway and it has easy parking near the courthouse. The room is large and well appointed,, and the court staff is excellent. Most or the arbitrators are OK.
In all the counties, both parties must consent before an arbitrator can hear the case. An arbitrator’s decision is final and there is no appeal. However, in all of the 4 major boroughs of NYC, there are typically over a hundred cases a night, and only one judge. This means that unless the parties both agree to have the case decided by an arbitrator, they will typically have to come back a number of other times and may have to stay late each time. Also, when the case is finally tried by the judge there is the possibility that the trial may conclude very late, perhaps even as late as midnight. This is why, in the end, most cases end up being tried by the arbitrator and not by the judge.
Judges are required to give “substantial justice” but they may feel constrained to follow the letter of the law. In my experience although the judges in small claims court will usually follow the rules of procedure (i.e. plaintiff goes first, then is cross examined by the defendant, then defendant goes, then is cross examined by the plaintiff, then parties sum up), the application of the rules of evidence tends to be somewhat unpredictable.
Arbitrators, on the other hand, are not constrained by any rules, neither of evidence nor of procedure, and a trial before an arbitrator can range from an orderly matter, not that different from a trial before a judge, to a virtual “free for all”.
Not knowing if the rules of evidence are going to be applied at all, or to what extent, makes the small claims court a challenging place for lawyers to practice in.
Most common types of small claims cases
Disputes between landlords and tenants
These cases typically involve a landlord who refuses to return all or part of a tenant’s security deposit. In order to have the best chance of winning the tenant should have proof of the amount of the deposit and also should have photographs of the apartment taken around the time that the tenant moved out to show the lack of damage. The best proof of the amount of deposit would either be a cancelled check or a receipt from the landlord.
Disputes between roommates
Roommates frequently fight over splitting the rent or the utilities, splitting other household expenses, and sometimes one of them moves out because the living situation has become intolerable. It may be necessary for the plaintiff to produce the roommate agreement or written contract, as well as receipts for amounts spent.
Disputes with contractors
These types of disputes are very common. Contractors who do home repairs are subject to various laws and regulations, and must have a written contract and must be licensed through the City of New York in order to keep moneys given to them for home repair services.
Decision of arbitrator or judge
In order to avoid ugly scenes, the judge or the arbitrator will almost always “reserve decision” which means that you won’t know the outcome until you receive the decision in the mail. This is usually within a day or two. If the decision is by a judge you have a right to appeal, but appeals are very rare as they are typically very expensive. You will have to pay around $5 a page for the transcript of the trial and will have to pay filing fees and other expenses in order to appeal.
In addition to these costs, you are going to need a lawyer , as it is almost impossible for a non-lawyer to navigate all of the arcane rules of appellate practice. Plus, appeals can take a year or even more to be decided. However due to the increase of the small claims courts’ jurisdiction to $10,000.00 it is likely that there will be more appeals.
Call me today at (347) 461-0760 about your NY Small Claims Case.