Cayuga County Small Claims Court

Cayuga County Small Claims Court

Small Claims Court Terms

A party is a person (or entity) on either side of the “v.” (plaintiff and defendant are each parties to the case). A plaintiff (sometimes called claimant) is the person who initiates or begins the lawsuit. A “defendant” is the party that is being sued. In certain cases, a third party (ie. not the plaintiff or defendant) is brought into a case (usually by a defendant who feels the third party is partly responsible for the damage to plaintiff). If you are interested in filing a third party claim (as a defendant), contact the local clerk for the filing fees and local procedures.

Can I hire an attorney?

You are not required to hire an attorney for a small claims court case. 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. A party does have a right to retain an attorney if he, she, or it wishes. 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.

Arbitration of Small Claims Court Cases in Cayuga County

Arbitration is a dispute resolution process that is binding. In arbitration, an arbitrator, who is often an experienced attorney, hears arguments, weighs evidence, and issues a final judgment on the merits of a claim. If both parties agree to arbitration, an arbitrator will often be able to hear a claim before a judge would (because there are more arbitrators than judges). Arbitrators use the same law as the small claims court judge. When an arbitrator decides your case, the decision is final. There is no appeal-by either party.

What happens if a party fails to appear on the hearing date?

If you are the plaintiff and fail to show up to court on the date of your case, the court will dismiss the case. If you are the defendant, the court may grant a default judgment in your absence. 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.

Are continuances allowed in small claims court?

In County, a continuance in a Small Claims Court action is called an “adjournment.” These are discouraged in small claims court cases because the purpose of small claims court is a quick, inexpensive resolution of disputes. Only the court can give you a continuance (even if you have talked to the other party and agreed to a later date). A party can ask for a continuance by requesting one through the mail. You should also send a copy of the request to all the other parties in the case. A party may also request a continuance on the actual hearing date, but a judge may be inclined to deny this request (and you should be prepared to go forward if the judge does not grant one).

Hearing Day Procedures

We recommend arriving to court at least fifteen minutes before your hearing. When you arrive, you should look for the small claims court calendar or for a clerk to assist you. Cases are listed on the calendar by the last name of the plaintiff and the last name of the defendant (or full name of the business or other entity). If your case is not listed on the calendar, speak with the court clerk (or judge if there is no clerk present). Some courtrooms have the parties check in as they arrive. In others, the parties only check in when their case is called.
When your case is called, be ready to tell the judge if you are ready for the case to go forward (and the judge to hear your evidence) or if you need to make a request (like a request for a continuance). If both sides are ready, the court will proceed to hear the case.

Cayuga County Small Claims Court Locations

Each town and village has its own court to handle cases from there. Cayuga County has 27 locations to handle small claims court cases for the following villages and towns: Aurelius Town, Brutus Town, Cato Town, Conquest Town, Fleming Town, Genoa Town, Ira Town, Ledyard Town, Locke Town, Mentz Town, Meridian Village, Montezuma Town, Moravia Town, Moravia Village, Niles Town, Owasco Town, Port Byron Village, Scipio Town, Sempronius Town, Sennett Town, Springport Town, Sterling Town, Summerhill Town, Throop Town, Venice Town, Victory Town, and Weedsport Village.

The locations for the courts are:

Aurelius Town Court

1241 W. Genesee St Road
Auburn, NY 13021

Brutus Town Court

PO Box 720
Town Hall
9021 N Seneca Street
Weedsport, NY 13166

Cato Town Court

11320 Shortcut Road
Cato, NY 13033

Conquest Town Court

1289 Fuller Road
Port Byron, NY 13140

Fleming Town Court

2433 Dublin Road
Auburn, NY 13021

Genoa Town Court

1000 Bartnick Road
Genoa, NY 13071

Ira Town Court

2487 W. Main Street
Cato, NY 13033

Ledyard Town Court

1099 Poplar Ridge Road
Aurora, NY 13026

Locke Town Court

PO Box 149
Locke, NY 13092

Mentz Town Court

14 Mentz Drive
PO Box 798
Port Byron, NY 13140

Meridian Village Court

11320 Short Cut Road
Cato, NY 13033

Montezuma Town Court

8192 Dock Street
P.O. Box 392
Montezuma, NY 13117

Moravia Town Court

139 Main Street
PO Box 1146
Moravia, NY 13118

Moravia Village Court

48 West Cayuga Street
PO Box 858
Moravia, NY 13118

Niles Town Court

5921 New Hope Road
Moravia, NY 13118

Owasco Town Court

2 Bristol Avenue
Auburn, NY 13021

Port Byron Village Court

52 Utica Street
P.O. Box 398
Port Byron, NY 13140

Scipio Town Court

P.O. Box 61
Scipio Center, NY 13147

Sempronius Town Court

2274 State Route 41A
Moravia, NY 13118

Sennett Town Court

6931 Cherry Street Road
Auburn, NY 13021

Springport Town Court

859 State Route 326
Cayuga, NY 13034

Sterling Town Court

1290 State Route 104A
Sterling, NY 13156

Summerhill Town Court

13606 State Route 90
Locke, NY 13092

Throop Town Court

7471 Robinson Road
Auburn, NY 13021

Venice Town Court

2479 State Route 34
Venice Center, NY 13147

Victory Town Court

1323 Town Barn Road
Red Creek, NY 13143

Weedsport Village Court

8892 South Street
P.O. Box 190
Weedsport, NY 13166

Mediation of Small Claims Court Cases in Cayuga County

Mediation is an attempt to settle your case without a trial. It is a consifential way to resolve the case. Mediation involved a person acting as a mediator who will try and bring opposing parties to an agreement that all the parties can agree to. In Cayuga County, mediation services are provided by:

Center for Dispute Settlement, Inc.
120 North Main Street, Suite 45

Leave a Reply

Your email address will not be published. Required fields are marked *