Small Claims Court
HELPFUL BROCHURE: A Guide to Small Claims in the NYS City, Town and Village Courts
WHAT IS SMALL CLAIMS COURT?
Small Claims Court handles cases for claims of $3,000 or less. The Town Justice in Small Claims Court only has the power to award money judgments.
HOW CAN I USE SMALL CLAIMS COURT?
You can use Small Claims Court for many different types of cases. A few examples are given below. Remember, your claims may not be for more than $3,000.
- disputes over money owed for security deposits, utility bills or rent;
- claims for the value of damaged, lost or destroyed personal property;
- money damages resulting from an unlawful eviction.
Small Claims Court is not a separate court, but part of the Town Justice Court.
DO I NEED A LAWYER TO GO TO SMALL CLAIMS COURT?
No. Lawyers are not necessary in Small Claims Court, but you can use a lawyer.
HOW DO I START A CASE IN SMALL CLAIMS COURT?
You must bring the action where the Defendant resides, is employed, or has a place of business at the time you start the action.
WHO CAN USE SMALL CLAIMS?
You must be an individual 18 years or older. Under 18 years, action must be brought by a parent or guardian. Corporations, partnerships, associations, or assignees CANNOT bring actions in Town Small Claims Court.
WHAT COSTS ARE INVOLVED?
Filing Fees: $10.00 for claims of $1,000 or less
$15.00 for claims exceeding $1,000
Filing fees must be paid at time of filing small claims with the court.
Small Claims notices will be mailed by the Court office. Bring evidence and witnesses to the hearing.
For other questions regarding Small Claims in Town Court, please contact Donna DiPilato 585-720-1100 Tues-Fri 9:00AM-5:00PM