Westchester County Small Claims Court
Mediation of Small Claims Court Cases in Westchester 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 Westchester County, the program used for mediation is:
The Westchester Mediation Center of CLUSTER
20 South Broadway, Suite 501
P. O. Box 1248
Yonkers, NY 10702
(914) 963-6500
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. There is usually no charge for mediation (but there may be a small filing fee).
Small Claims Court Cases in Westchester County
How a Small Claims Court Case Begins
The case has to be filed at the court location. Visit the court for that town or village, and the court will provide you with the paperwork to begin the action. One section of the form will ask for a statement of the case. The statement is a fancy way of asking what your case is about. This should be brief and include all important facts. 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). A court will generally have a clerk who is available to assist with questions regarding the forms (and answer other questions). If a court does not have a clerk, generally the judge is available to help you with these questions.
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 sends the notice via certified and first-class mail. Once 21 days have passed, the defendant is deemed “served” unless the first-class item was returned undeliverable. If the defendant cannot be served by mail, the clerk can provide you with instructions on how to serve the defendant personally (the clerk will give you a new hearing date and time). Pursuant to due process, a hearing cannot occur until the defendant has been served. The court will dismiss the case if the defendant cannot be served within four months. Dismissal is without prejudice meaning you can refile if you learn new information that the defendant is still residing in that village or town.
Hearing Day Procedures
We recommend arriving to court at least fifteen minutes before your hearing. Upon arriving, you should look for the small claims court calendar (or a clerk if there is no calendar). 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 you are unable to find your case on the calendar, you should contact the court clerk (or judge if there is no court 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 the judge or clerk calls your case, you should be prepared to tell the judge if you are ready for the case to proceed, ask for a continuance if you want one (and be ready to state a good reason for one), or any other request you may need to make. If both parties are ready, the case will proceed.
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. The defendant must file an affidavit stating the issues of fact the jury is to decide. 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 the case remains in regular small claims court, six jurors are used to hear the case.
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 party does have a right to retain an attorney if he, she, or it wishes. If there are attorneys representing both parties, the case may be transferred to the regular civil part of the court.
Small Claims Court Lingo
The party is a person, business, or other entity involved in a court case (on either side of the “v.” in the case name). A “plaintiff” or “claimant” is the party who brings or initiates the action in Small Claims Court. A “defendant” is the party that 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. 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 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. 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). However, these entities are able to be sued in small claims court by people. 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.
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). There are additional fees you need to file as well as determining whether a transcript of the case needs to be ordered. The small claims court clerk has specific information regarding fees associated with appeals. A court will only overturn a judgment if it is “clearly erroneous.” This is why we recommend consulting an attorney to determine if an appeal is appropriate.
What happens if I don’t show up for the hearing?
If you are the plaintiff, your 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. Court rules require that the judge not enter a default judgment until one hour after the time set for the hearing.
What are the filing costs for a case in Westchester County?
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 counterclaim against the plaintiff?
How do I 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. Note: you can still file your claim after the five day window, but the judge then has the option of pushing back the hearing date (but no longer than twenty days). As the plaintiff, you have a right to ask for a continuance in this case.
Where are the Small Claims Courts located in Westchester County?
Each town and village has its own court to handle cases from there. Westchester County Small Claims Cases are handled in 37 locations for the following towns and villages: Ardsley Village, Bedford Town, Briarcliff Manor Village, Bronxville Village, Buchanan Village, Cortlandt Town, Croton-on-Hudson Village, Dobbs Ferry Village, Eastchester Town, Elmsford Village, Greenburgh Town, Harrison Town, Hastings-on-Hudson Village, Irvington Village, Larchmont Village, Lewisboro Town, Mamaroneck Town, Mamaroneck Village, Mount Kisco Town, Mount Pleasant Town, New Castle Town, North Castle Town, North Salem Town, Ossining Town, Ossining Village, Pelham Town, Pleasantville Village, Port Chester Village, Pound Ridge Town, Rye Town, Scarsdale Town, Scarsdale Village, Sleepy Hollow Village, Somers Town, Tarrytown Village, Tuckahoe Village, and Yorktown Town.
The locations for the courts are:
Ardsley Village Court
505 Ashford Avenue Ardsley, NY 10502Bedford Town Court
321 Bedford Road Bedford Hills, NY 10507Briarcliff Manor Village Court
1111 Pleasantville Road Briarcliff Manor, NY 10510Bronxville Village Court
200 Pondfield Road Bronxville, NY 10707Buchanan Village Court
236 Tate Avenue Buchanan, NY 10511Cortlandt Town Court
One Heady Street Cortlandt Manor, NY 10566Croton-on-Hudson Village Court
Van Wyck Street Municipal Building Croton-on-Hudson, NY 10520Dobbs Ferry Village Court
112 Main Street Dobbs Ferry, NY 10522Eastchester Town Court
40 Mill Road Eastchester, NY 10707Elmsford Village Court
15 South Stone Avenue Elmsford, NY 10523Greenburgh Town Court
188 Tarrytown Road White Plains, NY 10607Harrison Town Court
1 Heineman Place Municipal Building Harrison, NY 10528Hastings-on-Hudson Village Court
7 Maple Ave Village Court, Municipal Building Hastings-on-Hudson, NY 10706Irvington Village Court
85 Main Street Irvington, NY 10533Larchmont Village Court
120 Larchmont Avenue Municipal Building Larchmont, NY 10538Lewisboro Town Court
11 Main Street PO Box 500 South Salem, NY 10590Mamaroneck Town Court
740 West Boston Post Road Mamaroneck, NY 10543Mamaroneck Village Court
169 Mt Pleasant Avenue Mamaroneck, NY 10543Mount Kisco Town Court
40 Green Street Mount Kisco, NY 10549Mount Pleasant Town Court
1 Town Hall Plaza Valhalla, NY 10595New Castle Town Court
200 South Greeley Avenue Chappaqua, NY 10514North Castle Town Court
15 Bedford Road Armonk, NY 10504North Salem Town Court
266 Titicus Road PO Box 365 North Salem, NY 10560Ossining Town Court
86 Spring Street Ossining, NY 10562Ossining Village Court
86 Spring St Ossining, NY 10562Pelham Town Court
34 Fifth Avenue Pelham, NY 10803Pleasantville Village Court
80 Wheeler Avenue Pleasantville, NY 10570Port Chester Village Court
350 North Main Street Port Chester, NY 10573Pound Ridge Town Court
179 Westchester Avenue Town Office Pound Ridge, NY 10576Rye Town Court
10 Pearl Street Port Chester, NY 10573Scarsdale Town Court
1001 Post Road Scarsdale, NY 10583Scarsdale Village Court
1001 Post Road Scarsdale, NY 10583Sleepy Hollow Village Court
28 Beekman Avenue Sleepy Hollow, NY 10591Somers Town Court
335 Route 202 Somers, NY 10589Tarrytown Village Court
One Depot Plaza Tarrytown, NY 10591Tuckahoe Village Court
65 Main Street Tuckahoe, NY 10707Yorktown Town Court
2295 Crompond Road Yorktown Heights, NY 10598What is 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 can be slightly more difficult because you may not know the structure of the business. Contact the Westchester County Clerk’s Office. They will be able to provide you with the business’s correct legal name.
Should I use arbitration for my small claims court case?
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. 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). 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.
Can I file my small claims case in County?
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.
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. 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 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.
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I suffered a slip & fall in flooded men’s room at Chilis in Baldwin Place,NY on 4/15/14. I suffer from psoriatic arthritis & had a hip replacement late 2013. Did not fracture anything luckily but a real setback with terrible pain. have been offered $500 & from Liberty Mutual. May I sue them in small claims for my pain & suffering?
I went to Westchester County in front of Magistrate Esther Furman to lower my child support payment to him. It was determined by Magistrate Esther Furman that my payments would be lowered from $108.00 weekly to $65.00 weekly and would be retroactive to December 10, 2016. I wrote NY State Child Support and included the findings of the appeal in which they indicated that I would not get the money back that I was due since I do not have a balance in my account. Payment is taken out of my paycheck on a weekly basis which would mean I would not have a balance. Want I am would like to sue my ex-husband is for overpayment of Child Support. I even asked if they could lower the payments to him until he repaid what is due to me. My question is if we went to court in the Westchester County Court House in White Plains but Richard, my ex-husband lives in Brewster, NY and I live in Pleasantville, NY, where would I request to go to small claim court. In addition, is it better to try to do a mediation vs. small claims court?
Any help you can provide would be greatly appreciated.
Thank you.
Melinda Barber
How can I bring a small claims against my landlord for harassment, fraudulent and frivolous actions
A painter did not finish a job to my satisfaction. Didn’t paint certain areas. He got paint all over my hardwood floors, he painted over towel racks, decorative tiles, stone pavers, left parts of rooms unpainted. Brush marks everywhere. His address is in peekskill, can I file small claim in any town in westchester county? Overestimated paint needs.
My name is Mr. Alvin A. Jenkins. I am a Senior that is 67 years of age. I have been a good tenant living in this 6 family 3 story building 1 bedroom unit from 2004 until present paying my rent faithfully to current. I’m on Section 8. My total rent has been $1415 until November 1,2018. The Landlord increased this amount from $1415-$1646 for my 1 bedroom unit which is a $231 increase. He is trying to make me believe that my 1 bedroom unit is a 2 bedroom unit just to get extra money. My last assessment given to me by the Tuckahoe Section 8 office was $383 and they would pay $1032. Now with the increase, it is over the contract rent of Section 8. I was living in this building before Mr. Debenedictis ever bought it and it was always a 1 bedroom unit. My Section 8 Caseworker never alerted me of her not going to pay the new increase so everything has fell on me. She would always give me a HAP form letting me know how much I would pay and the amount she would pay and this time she never did. I only pay what I’m given from Section 8. The back rent that’s owed now to the Landlord is roughly $3,443 in arrears that’s not my fault. He has issued me a Termination Letter in March of last year to move and also a Non Renewal of Lease Latter to me in September to be out on December 31,2019 and yet he still takes out my $383. The old rent is paid to current but it’s the new increase that he hasn’t received yet. This Man know that I’m a good tenant who pays his rent faithfully so I can’t understand why he would pull this con on me just for extra money. He has properties all over the place in Mount Vernon, NY and I have nothing and still go out of my way to pay rent to him when he is doing me wrong! I’m looking for a Small Claims Lawyer that will help me resolve this issue once and for all! I pay my rent to keep a roof over my head not to be moving for no apparent reason. If my Section 8 Caseworker Ms Deveaux of Tuckahoe would’ve let me know that she wasn’t gonna pay her portion of rent maybe I could’ve settled something with the Landlord. She is no help to me either. I do the Recertifications for her a send it back on time and pay my rent on time and now I’m going through this hardship through no fault of my own. Every time the Landlord submits to me the Rent Receipt Invoice, $231 is added onto the rent every Month. I only get a Social Security Retirement check every 3rd of each Month and I pay 7 to 8 other Creditors every Month. I try to make sure everyone gets paid. I live on 9 Midland Place apartment 3N. I’m not in the best of health and I travel by Paratransit or Taxi. You can have someone come here to check the apartment and they would see that it’s only a 1 bedroom apartment unit and I also need work done in my bathroom and other parts of my apartment. I need to stay in my apartment! I love my place and I’ve been in it for going on 16 years in June. Section 8 has told me that a 1 bedroom apartment in Tuckahoe goes from $1359 to $1400. A friend in the building has a 2 bedroom apartment and she is being charged $190 so why is he charging me $231 for my 1 bedroom apartment. My Section 8 Caseworker would only rent to me a 1 bedroom apartment not 2. I was living here before Ms Deveaux the Tuckahoe Housing Section 8 Administrator came here as well. When I came here Ms Irma Depaoulo was the Caseworker and everything was great! Please reply to my email and with Father God’s blessings please!help me resolve this issue. I’ve been literally getting sick by this. Thanks in advance! Mr. Jenkins
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Person owes me $1800 in Valhalla which small claims court do I file at please
Is there a Small Claims Court available in Westchester County that handles commercial claims? For situations under which customers do not issue payment after services have been rendered. Your help is much appreciated!
I need forms to fill out so I can mail in to file a civil small claims matter
Where do I get the forms from
Thanks
Please give me your email address for Tuckahoe Housing Small Claims Court. Yesterday! I sent out an email and I didn’t get any reply. I’m being charged for a 1 bedroom unit the price of a 2 bedroom unit by my Landlord Mr. Robert Debenedictis. He is overcharging me and this matter needs looking into. My name is Mr. Alvin A. Jenkins I’m a Senior 67 years of age living in my unit going on 16 years paying my rent faithfully and now being treated unfairly. I pay the Section 8 portion of rent of $383. The total rent went from $1415-$1646. A $231 increase. My Section 8 Caseworker Ms Diane Deveaux didn’t alert me of not paying her portion of rent now the new rent went in arrears of $3443 from November 1, 2018 until now. Everything fell on me like I should pay this money and the fault lies with Section 8. She would always give me a HAP letter letting me know my portion of rent to be paid and how much she would pay. I only pay the assessment that is giving to me by Section 8. She was paying $1032 and I would pay my $383 with the total being $1415. The $231 increase of $1646 is way over the Section 8 contract rent. My portion of rent is paid up to date, it’s the new increase that need to be paid. This is through no fault of my own. I need help with this matter to be resolved. Please reply Mr. Jenkins
Is there a time limit to bring up a case in small claims court. We are a business and the customer did not pay us for services from over a year ago – can we still use the small claims court system?