Saratoga County Small Claims Court
Can I hire an attorney to represent me in small claims court?
In small claims court cases heard in the village or town courts, you are not required to hire an attorney. Small claims court rules and procedures are designed so that an attorney is not needed in order for a party to be adequately represented. That said, you may choose to hire an attorney to represent you. If there are attorneys representing both parties, the case may be transferred to the regular civil part of the court.
Small Claims Court Appeals for Saratoga County Cases
A party has 30 days from the date of the judgment to file a notice of appeal (or 35 days if you were mailed the court’s judgment). Appeals require additional fees to be filed. You must also determine if a transcript needs to be ordered. Consult with an attorney when you are deciding if you should file an appeal. Remember, an appellate court will only overturn a judgment if the ruling is “clearly erroneous.” This is why we recommend consulting an attorney to determine if an appeal is appropriate.
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 the defendant fails to appear at the hearing, the court may grant a default judgment based on the evidence that the plaintiff presented. 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.
Small Claims Court Locations in Saratoga County
Every town and village of Saratoga County has its own small claims court to handle cases arising in that location. Saratoga County Small Claims Cases are handled in 21 locations for the following towns and villages: Ballston Spa Village, Ballston Town, Charlton Town, Clifton Park Town, Corinth Town, Day Town, Edinburg Town, Galway Town, Galway Village, Greenfield Town, Hadley Town, Halfmoon Town, Malta Town, Milton Town, Moreau Town, Northumberland Town, Providence Town, Saratoga Town, Stillwater Town, Waterford Town, and Wilton Town.
The locations for the courts are:
Ballston Spa Village Court
30 Bath Street Ballston Spa, NY 12020Ballston Town Court
323 Charlton Rd Ballston Spa, NY 12020Charlton Town Court
758 Charlton Road Charlton, NY 12019Clifton Park Town Court
5 Municipal Plaza Public Safety Building Clifton Park, NY 12065Corinth Town Court
600 Palmer Avenue Corinth, NY 12822Day Town Court
1650 North Shore Road Hadley, NY 12835Edinburg Town Court
47 Military Road Edinburg, NY 12134Galway Town Court
PO Box 219 Galway, NY 12074Galway Village Court
5910 Sacandaga Road PO Box 219 Galway, NY 12074Greenfield Town Court
PO Box 10 Greenfield Center, NY 12833Hadley Town Court
PO Box 323 Town Hall Hadley, NY 12835Halfmoon Town Court
111 Route 236 Halfmoon, NY 12065Malta Town Court
2538 Route 9 Ballston Spa, NY 12020Milton Town Court
345 Rowland Street Ballston Spa, NY 12020Moreau Town Court
1390 Route 9 Gansevoort, NY 12831Northumberland Town Court
17 Catherine Street P.O. Box 128 Gansevoort, NY 12831Providence Town Court
7187 Barkersville Road Middle Grove, NY 12850Saratoga Town Court
12 Spring Street Schuylerville, NY 12871Stillwater Town Court
66 East Street Mechanicville, NY 12118Waterford Town Court
65 Broad Street Waterford, NY 12188Wilton Town Court
20 Traver Road Gansevoort, NY 12831Do I get a jury trial 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 determine if the case should 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.
Am I able to sue in small claims court?
In order to file an action, you must be 18 years of age or older. If you are a younger than 18, the parent or guardian may bring the action on your behalf. 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. In these cases, the corporation or partnership can authorize an attorney, director, or employee of the entity to appear on its behalf (to defend the action).
What happens on day of the hearing?
We recommend arriving at least fifteen minutes prior so you can have time to check in and make sure you are at the right place. When you arrive, look for the small claims court calendar (or the clerk). On the calendar, cases are listed by the last name of the plaintiff and then the defendant (or name of the business). If you cannot find your case, you should contact the clerk (or judge if there is no clerk). Courtrooms have different procedures. In some courtrooms, the clerk checks in parties as they arrive. Some courts simply have you wait until your case is called.
When your case is called, you may ask the court for a continuance or adjournment or any other request. If both parties are ready to proceed, the case will go forward.
What are the fancy terms used in these cases?
A party is a person (or entity) on either side of the “v.” (plaintiff and defendant are each parties to the case). A “plaintiff” or “claimant” is the party who brings or initiates the action in Small Claims Court. The defendant is the party who is being sued. Sometimes, a third party (not the plaintiff or defendant) is brought into the case where a defendant files a third party claim asserting that another party is responsible for plaintiff’s damages. 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.
Can I file a counterclaim against the Plaintiff?
A defendant can file a counterclaim against a plaintiff. The counterclaim must be filed within five days of receiving the notice of claim. The cost to file a counterclaim is $3. The counterclaim must be for money and cannot be for more than $3,000. 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.
Arbitration of Small Claims Court Cases in Saratoga 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). The arbitrator uses the exact same law the judge would follow. The final judgment issued by the arbitrator cannot be appealed by any party.
Is Saratoga County the right place to file my action?
You must bring your action in the municipality (location – village or town) in which the person or business you are suing resides (lives) or has an office open for business.
Saratoga County Small Claims Court
Mediation of Small Claims Court Cases in Saratoga County
Mediation is a confidential, non-binding dispute resolution program in which an impartial mediator attempts to bring both parties together to a mutually acceptable outcome. A judge may refer a case to mediation if both parties agree. In Saratoga County, the program used for mediation is:
Mediation Matters
480 Broadway, LL-32
Saratoga Springs, NY 12866
(518) 584-6361
If a case cannot be settled at mediation, the case remains with the small claims court (and proceeds to trial). Some jurisdictions may charge a small filing fee.
Beginning a Small Claims Court Case
You must go to the Small Claims Court to file your case. The court will provide you with the necessary forms to be filled out. The forms will ask for a statement of your case. The statement should be brief and include a description of the incident that is the basis of your claim. You should include all important names and dates. You should note in the statement of the case if you are requesting interest (which happens if your case concerns property damage or a contract specifies an interest amount). Most small claims courts have clerks who can assist with questions you have concerning the paperwork. If the court is small and does not have a clerk, a judge will usually fill this role.
The clerk will provide the time and date for the small claims court hearing. The clerk will “serve” the notice of claim by mailing it to the defendant (this is what part of your filing fee funds). This notice informs a defendant the time and location of the hearing and states the reason for the claim being made by plaintiff. The clerk will provide ths notice through mail–both certified and first-class. After twenty-one days, the defendant is served unless the first-class mail was returned as undeliverable. 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. Due Process (a fancy way of saying fairness) requires that the defendant be served prior to a hearing on your case. The claim will be dismissed after four months if the defendant has not been served. The case will be dismissed without prejudice which means you can refile with the same court if you learn the defendant is still residing in that location (otherwise, if the defendant moved, you would file it in the court of the new town or village).
How much does it cost to file a case?
In this County, the filing see is $10 (if the amount asked for is $1,000 or less) and $15 (if the claim exceeds $1,000).
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). The court will also ask for the address of the defendant (to send the notice of the small claims court case and hearing). Businesses are more tricky because sometimes you do not know how the business is structured. Contact the Saratoga County Clerk’s Office. They will be able to provide you with the business’s correct legal name.
Can I ask for a continuance?
The court may call a continuance an adjournment. These are discouraged as the purpose of small claims court is a quick, efficient way of resolving disputes. The only person with the power to move the hearing date is the court (even if both parties agree). If you want a continuance, you can ask the court through mail. You should send a copy of the request to all the parties involved in the case as well. You can also ask for a continuance on the hearing date, but you need to be prepared in case the court refuses your request.
I have been trying to recieve payment from an individual that rented two pieces of logging equipment from me. I have a written contract that was signed and dated between the two of us and have attempted to collect payment with no result. Thank you for your time in this matter
I need to bring someone to court for failure of payment. The person resides in Victory Mills. Which courthouse do I need to file a claim? Thank you.
I have an agreement drawn up by a Lawyer and notorized in Saratoga Springs, NY that 4 of my family members signed and agreed to. The agreement was to pay me for moving to Saratoga and care for my grandmother. When she passed on and the house was sold, I was to be payed a total of 3000.00 from each person at the sale of the house. Now they are being paid and they are.trying to get out of paying me what was agreed upon. Because the agreement was done here in Saratoga, can I file in Small Claims Court even though they don’t live in this State except 1.
Thank you for your time.
Ruth 954-336-0858/518-879-6859 NADSICHRISTY@YAHOO.COM
I live In Florida and want to take someone to court who has an address in Saratoga Springs, NY. I would be required to fly up there but if I give you an address can you tell me the proper district, county, city I would need to go to????
Just a simple question for anyone who know enough to answer, your time is greatly appreciated. The defendant had two weeks to issue a letter of notice in reference to a counter suit motioning for attorney’s fees. This letter was due by May 9th they never sent it. Do I motion to dismiss? Do I need a form? What is the next step?