Dutchess County Small Claims Court
Jury Trials in Small Claims Court
Only the defendant can demand a jury trial in small claims court cases. This demand can be made at any time prior to the hearing date. An affidavit (sworn statement) has to be filed which identifies the factual issues a jury is needed to hear. The judge will then decide whether the case will remain in small claims court or be transferred to the regular civil part. If the case remains in small claims court, only six jurors are used.
How do I file a counterclaim against the plaintiff?
A defendant may file a counterclaim against a plaintiff. If the counterclaim is filed within five days of being served with the initial claim, the hearing date remains the same. There is a $3 filing fee. A defendant can file a counterclaim after the five day window, however, the plaintiff can ask for a later hearing date (to allow the plaintiff to prepare to respond to the counterclaim) or the court may set a later hearing date on its own.
How do I find the correct name for the Defendant?
For people, you will want the person’s first and last name (their real name, and not a nickname they go by). You will also have to provide their address. You should make it a habit to collect this information from all people you deal with. Businesses are more tricky because sometimes you do not know how the business is structured. The staff at the Dutchess County Clerk’s Office can help provide you with the proper business name (we recommend contacting them before you go to court so you do not worry about it once you are there).
Can I hire an attorney to represent me in small claims court?
You are not required to hire an attorney for a small claims court case. In fact, the rules and procedures are designed to be informal so that you should not have to retain an attorney. A plaintiff or defendant can choose to hire an attorney if he or she chooses. 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.
What happens if I don’t show up for the hearing?
If the plaintiff fails to appear at the hearing, the case is dismissed. If the defendant fails to appear at the hearing, the court may grant a default judgment based on the evidence that the plaintiff presented. The Court will wait approximately one hour (in case you are simply running late) before granting a default judgment.
Am I eligible to sue in small claims court?
Small clams court is open to any party who is a person 18 years of age or older. If someone is younger than 18, a parent or legal guardian is able to bring an action on behalf of the minor. Corporations, partnerships, and other corporate entities must bring their action in Commercial Claims Court and are not able to act as plaintiffs in small claims court. These corporate entities are able to be sued in small claims court. When a corporate entity is sued, it can authorize an employee, director, or attorney to appear and defend it in court.
Can I ask for a continuance?
In small claims court cases, a continuance can also be called an adjournment. These are discouraged as the purpose of small claims court is a quick, efficient way of resolving disputes. Only the court can grant a continuance. You can ask for an adjournment by sending a letter to the court before your hearing date. You should also send a copy of the letter to the other party. 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).
Small Claims Court Locations in Dutchess County
Every town and village of Dutchess County has its own small claims court to handle cases arising in that location. Dutchess County has 27 locations to handle small claims court cases for the following villages and towns: Amenia Town, Beekman Town, Clinton Town, Dover Town, East Fishkill Town, Fishkill Town, Fishkill Village, Hyde Park Town, LaGrange Town, Milan Town, Millbrook Village, North East Town, Pawling Town, Pawling Village, Pine Plains Town, Pleasant Valley Town, Poughkeepsie Town, Red Hook Town, Red Hook Village, Rhinebeck Town, Rhinebeck Village, Stanford Town, Tivoli Village, Union Vale Town, Wappinger Town, Wappingers Falls Village, and Washington Town.
The small claims court locations are:
Amenia Town Court
4988 Route 22 Amenia, NY 12501Beekman Town Court
4 Main Street Poughquag, NY 12570Clinton Town Court
12 15 Centre Road Rhinebeck, NY 12572Dover Town Court
126 East Duncan Hill Road Dover Plains, NY 12522East Fishkill Town Court
330 Route 376 Town Hall Hopewell Junction, NY 12533Fishkill Town Court
807 Route 52 Fishkill, NY 12524Fishkill Village Court
1095 Main Street Fishkill, NY 12524Hyde Park Town Court
1 Cardinal Road Hyde Park, NY 12538LaGrange Town Court
120 Stringham Road Lagrangeville, NY 12540Milan Town Court
20 Wilcox Circle Milan, NY 12571Millbrook Village Court
Merritt Avenue PO Box 349 Millbrook, NY 12545North East Town Court
Maple Avenue PO Box 516 Millerton, NY 12546Pawling Town Court
160 Charles Coleman Blvd Pawling, NY 12564Pawling Village Court
9 Memorial Avenue Pawling, NY 12564Pine Plains Town Court
3284 State Route 199 P.O .Box 320 Pine Plains, NY 12567Pleasant Valley Town Court
Route 44, Main Street Town Hall Pleasant Valley, NY 12569Poughkeepsie Town Court
17 Tucker Road Poughkeepsie, NY 12603Red Hook Town Court
7340 South Broadway Red Hook, NY 12571Red Hook Village Court
7467 South Broadway Red Hook, NY 12571Rhinebeck Town Court
80 East Market Street Rhinebeck, NY 12572Rhinebeck Village Court
76 East Market Street Rhinebeck, NY 12572Stanford Town Court
26 Town Hall Road Town Hall P.O. Box 436 Stanfordville, NY 12581Tivoli Village Court
86 Broadway PO Box 397 Tivoli, NY 12583Union Vale Town Court
249 Duncan Road Town Hall, Tymor Park Lagrangeville, NY 12540Wappinger Town Court
20 Middlebush Road Town Hall Wappingers Falls, NY 12590Wappingers Falls Village Court
7 Mill Street Wappingers Falls, NY 12590Washington Town Court
Reservoir Drive PO Box 667 Millbrook, NY 12545Arbitration of Small Claims Court Cases in Dutchess County
Abitration is a type of dispute resolution that is less-formal than a trial, but more formal than mediation. At an arbitration, an arbitrator (who is usually, but not always, an experienced attorney) will allow each side to present their case. He or she will then weigh the evidence and issue a final judgment. Arbitration can only be used when all parties agree (as the outcome is binding on all parties). If you do choose arbitration, your case can be heard far quicker than waiting for a judge to hear it (which is something to keep in mind if you want a quick resolution to your case). The arbitrator uses the exact same law the judge would follow. When an arbitrator decides your case, the decision is final. There is no appeal-by either party.
What is mediation?
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 Dutchess County, mediation services are provided by:
Mediation Center of Dutchess County, Inc.
147 Union Street, Suite 102
I recently received a reply from the City of Poughkeepsie Assessor’s Office that my request to reduce the assessed value of my home was denied due to the supporting data was insufficient. Today, 6/26/13, I telephone the Assessor’s Office to determine why the data was insufficient and what information was required to review my request. The Assessor’s Office indicated that just the data I provided was not enough.
Therefore, can you please advise how I can bring my concerns to the Dutchess County Small Claims Court to pursue my request to lower the assessed value of my home.
Thank You!
George Knapp
138 Hudson Pointe Drive
Poughkeepsie, N.Y. 12601
I requested a different court venue with Red Hook court and they gave me a court date in Red Hook anyway. My husband does process serving for one of the judges, the other judge ruled against us in a case and we are appealing his decision. I do not believe this judge would be fair and I would like this case in another court. We are the plaintiff’s. I understand we have to request a motion from Dutchess County for another court. How do we do this?? Thank you.
I find that the judges in these small towns are way to connected to certain individuals and local friends. Outsiders will never get a favorable outcome. AG needs to investigate or have a website where these misdeeds can be reported. Sorry you are going through this
Could I have a lawyer represent me in filing a small claim in New Jersey, where the defendant lives? Could the lawyer just send a letter in that case or would she/he need to physically show up in New Jersey? I’m unable to drive to NJ from Dutchess County. Thank you.
Do you have to be an attorney to represent someone in a small claims action????
I got a phone call from a dealership I Poughkeepsie to come down right away that I was approved for a car loan that I should probably take the car home the same day soon as I come there to talk to his manager he’ll know everything about it once I got there they had no idea who I was. They are pretty much look down at me. I spent six hours driving dead there for no reason I lost a day of work And I gave them $100 deposit that I never gave it got back
This happens in Poughkeepsie not New Jersey at the dealership. This is a different dealership. This is where I got a phone call of the day, telling me to come down there and take a cart of my choosing that I got approved to bring my car they will give me the $5000 for it and when they saw my car they didn’t even offer me $1000. I lost the whole day driving to Poughkeepsie for no reason whatsoever and after that I tried to get in contact with them for a couple days they just ignored me.
The person that called me that they should have never had called me and wasted seven hours of my life, a whole day of working and making money driving spending gas money, putting miles on my car telling me they can only give me $1000. Tell me I was approved for a land rover telling me that I should come and pick the car up the next day that was just wrong and also kept my hundred dollars deposit
The person that called me that they should have never had called me and wasted seven hours of my life, a whole day of working and making money driving spending gas money, putting miles on my car telling me they can only give me $1000. Tell me I was approved for a land rover telling me that I should come and pick the car up the next day that was just wrong and also kept my hundred dollars deposit
This is a different Dealership, a different town and a different people we are dealing with, so no it’s not the same exact thing. These people made me drive four hours because they lied and told me that I was approved for something that had no idea what the hell they were talking about and the financial Table so it’s not the same thing same people doing fraudulent thing trying to get you to the business just to sell your car that it’s not worth the money they should take home they offer me 5000 over the phone and when I got there they only offer me $1000 I spent six hours driving and $150 on the gas and another $400 loss at work and pain and suffering in embarrassment from being a minority in an immigrant in a Bosnian with the accents. They looked at me wrong. I’m just trying to tell show these people that they can treat people like shit they have to have a little respect honesty integrity and trut for this is what what it what they’re doing.