Washington County Small Claims Court

Washington County Small Claims Court

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 younger than 18, your parent or legal guardian is able to sue on your behalf. Usually, corporations, partnerships, or other assignees are unable to sue in Small Claims Court (but they can bring an action in Commercial Claims Court which is located at the same court where your small claims court case would normally be filed). These corporate entities are able to be sued in small claims court. When a business, corporation, or other entity is sued, the entity is able to authorize a person (usually an employee, director, or attorney) to appear on its behalf.

Can I file my small claims case in Washington?

The action must be brought in the town or village where the defendant resides (or has an open business office).

Arbitration of Small Claims Court Cases in Washington County

Abitration is a type of dispute resolution that is less-formal than a trial, but more formal than mediation. In arbitration, a person (called an arbitrator who is usually an attorney) will hear evidence of the case that each party presents. The arbitrator will then weigh the evidence with the law and issue a final judgment. Arbitration will only be used if both parties agree (because it is binding). Additionally, you will likely be able to have your case decided faster than if you wait to have a judge hear it. The arbitrator uses the exact same law the judge would follow. The final judgment issued by the arbitrator cannot be appealed by any party.

Can I hire an attorney?

In small claims court cases heard in the village or town courts, you are not required to hire an attorney. 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 plaintiff or defendant can choose to hire an attorney if he or she chooses. If attorneys are representing parties on both sides of the v, (plaintiff and defendant), the court may transfer the case to the regular civil part.

What do I do on the hearing date?

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). The calendar will list the cases that will be heard that day. They will be listed by the last name of the plaintiff and the last name of the defendant (or business name). If your case is not listed on the calendar, speak with the court clerk (or judge if there is no clerk present). 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.

How do I file a counterclaim against the plaintiff?

As a defendant, you can file a counterclaim against the plaintiff (in which you assert that plaintiff owes you money). The counterclaim needs to be filed within five days of your notice of the case, or the court may continue the hearing to a later date. The filing fee for a counterclaim is $3.00. If the counterclaim is filed after the five days, the plaintiff can ask for a later hearing date (and sometimes the court may continue the hearing out even without the plaintiff asking).

How much does it cost to file a case?

In Washington County, the fee to file a Small Claims Court case is $10 (if your claim amount is $1,000 or less) or $15 (if the claim is for more than $1000.00).

Appeals for Small Claims Court 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. An appellate court will only reverse a small claims court judgment if the ruling meets the “clearly erroneous” standard. Some people find it useful to consult with an attorney before deciding whether to file an appeal.

Small Claims Court Terms

A party is one a person, business entity, or public entity that is named as a plaintiff or defendant in a case. A plaintiff (sometimes called claimant) is the person who initiates or begins the lawsuit. A defendant is the person or entity being sued (person who owes money). A third party is also sometimes brought into a case by a defendant if the defendant feels that the third party may be wholly or partly responsible for plaintiff’s claims. If you are the defendant and are interested in bringing in a third party, contact the court involved with your action about beginning a third party action.

Jury Trials in Small Claims Court

A defendant (and only a defendant) can request a jury trial for a small claims court case. The demand must be made prior to the actual hearing date. An affidavit (sworn statement) has to be filed which identifies the factual issues a jury is needed to hear. The judge can either transfer the case to the regular civil part of the court (where regular evidentiary rules apply) or remain in small claims court. If it remains in small claims court, a jury will be used, but it will consist of only six members.

How do I find the correct name for the Defendant?

If the defendant is a person, you should use the first and last name of the defendant and not a nickname. 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. If you contact the Washington County Clerk’s Office, they will be able to provide you with the proper business name.

Are continuances allowed in small claims court?

In County, a continuance in a Small Claims Court action is called 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). 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. You can also ask for a continuance on the actual day of the hearng, but the court may be inclined to deny it (because you waited so long to ask for one). Always be prepared to go forward on that date in case the court denies your request.

Should I use mediation for my small claims case?

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 Washington County, the program used for mediation is:

Mediation Matters
Municipal Ctr. 1340 Rt. 9
Lake George, NY 12845
(518) 761-7674
If mediation does not resolve the issue, the case continues in small claims court. Note: If parties agree, they can enter mediation even before a case is filed. Some jurisdictions may charge a small filing fee.

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

If the plaintiff fails to appear at the hearing, the case is dismissed. If you are the defendant and fail to show up to court, the court will enter a ruling based only on the evidence presented by the plaintiff. This could result in a “default” judgment taken against the defendant. 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 Washington County

Each town and village has its own court to handle cases from there. Washington County has 24 locations to handle small claims court cases for the following villages and towns: Argyle Town, Cambridge Town, Cambridge Village, Dresden Town, Easton Town, Fort Ann Town, Fort Edward Town, Fort Edward Village, Granville Town, Granville Village, Greenwich Town, Greenwich Village, Hampton Town, Hartford Town, Hebron Town, Hudson Falls Village, Jackson Town, Kingsbury Town, Putnam Town, Salem Town, Salem Village, White Creek Town, Whitehall Town, and Whitehall Village.

Here are the court locations:

Argyle Town Court

Main Street
PO Box 38
Argyle, NY 12809

Cambridge Town Court

845 County Route 59
Cambridge, NY 12816

Cambridge Village Court

56 North Park Street
Cambridge, NY 12816

Dresden Town Court

Clemons Center Road
Clemons, NY 12819

Easton Town Court

1071 St Rte 40
Burton Hall
Greenwich, NY 12834

Fort Ann Town Court

80 George Street
PO Box 295
Town Hall
Fort Ann, NY 12827

Fort Edward Town Court

118 Broadway
Fort Edward, NY 12828

Fort Edward Village Court

118 Broadway
Fort Edward, NY 12828

Granville Town Court

PO Box 177
Granville, NY 12832

Granville Village Court

PO Box 208
Granville, NY 12832

Greenwich Town Court

2 Academy Street
Greenwich, NY 12834

Greenwich Village Court

6 Academy Street
Greenwich, NY 12834

Hampton Town Court

2629 State Route 22A
Hampton, NY 12837

Hartford Town Court

PO Box 14
Hartford, NY 12838

Hebron Town Court

P. O. Box 415
Salem, NY 12865

Hudson Falls Village Court

218 Main Street
Suite 2
Hudson Falls, NY 12839

Jackson Town Court

2355 State Route 22
Cambridge, NY 12816

Kingsbury Town Court

210 Main Street
Hudson Falls, NY 12839

Putnam Town Court

PO Box 104
Putnam Station, NY 12861

Salem Town Court

West Broadway
PO Box 65
Salem, NY 12865

Salem Village Court

181 Main Street
Salem, NY 12865

White Creek Town Court

28 Mountainview Drive
Cambridge, NY 12816

Whitehall Town Court

PO Box 272
Whitehall, NY 12887

Whitehall Village Court

1 Saunders Street
PO Box 272
Whitehall, NY 12887

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. This is the term the court uses to ask what your case is about. Your statement of the case should be concise but still include all the important facts. You may be entitled to interest if the basis for your case is property damage or based on a contract. Most courts have a clerk who can assist you to ensure you follow the procedures (and answer questions). In the few courts that do not have clerks, the judge can assist you.
The date and time of the hearing will be provided to you by the clerk. The clerk will “give notice” to the defendant of the case which includes the statement of the case as you wrote it and the date and time of the hearing. This is called serving the defendant. The notice is sent by certified mail and first-class mail. Once 21 days have passed, the defendant is deemed “served” unless the first-class item was returned 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 court will dismiss the case if the defendant cannot be served within four months. 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).

Small Claims Court Cases in Washington County

Washington County Small Claims Court

Washington County Small Claims Court

The local town or village court hears small claims court cases in Washington County. One can sue for $3,000.00 or less in a town or village court in Washington County. These cases are designed to be resolved informally (so a party does not have to hire an attorney). If you do have a claim for more than $3,000.00, you cannot file two separate actions to bring it under the limit. The only form of relief you can sue for is monetary. A party cannot sue to ask the court to order a defendant to take action (ie. fulfill the terms of an advertisement). Money is the only remedy available (on claims and counterclaims). A plaintiff or claimant can also sue a public entity like a city or other agency. However, you have to file a claim with that agency before filing your small claims court action. The claim must be filed within ninety days of the incident. If you fail to follow this rule, your case will be dismissed.

One comment

  1. beck says:

    how long does it take for a ruling to be made.. are there limits?

Leave a Reply

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