SMALL CLAIMS COURT

        Small Claims Court handles cases for claims of $3,000.00 or less. The judge in Small Claims Court only has the power to award money judgments.

        You can use Small Claims Court for many different types of cases. We give some examples below. Remember, your claims may not be for more than $3,000.00 .

        Small Claims Court is not a separate court, but part of a City, Town, Village or Justice Court. Lawyers are not necessary in Small Claims Court, but you can hire a lawyer.

        You may only sue in the Small Claims Court in the county where the one you are suing ("the defendant") lives, has a place of business, or has a regular place of employment. This usually means you can use any Small Claims Court in Erie County.

        Call the Small Claims Court to find out how to file your claim. Look in the blue pages of the phone book for the number. If you are under 18, an adult must file for you. The filing fee is $10.00 for claims under $1,000.00. The filing fee for all claims over $1,000.00 is $15.00 (July 31, 1996).

        Small Claims Court can only order that one party must pay the other party some fixed amount of money. Small Claims Court cannot order the other person to return property, fix your car or anything like that.

        When you go to file, make sure you have:

1. name and address of defendant

2.  the reason you are suing

3.  the date the problem occurred

4.  the amount the defendant owes you

5.  any proof you have, such as letters, etc., showing your attempts to settle the dispute.

        You will be given a hearing date. The court will contact the person you are suing.

        Yes. The person you are suing (the defendant) may decide to sue you for money owed from the same event. This is called a "counterclaim". In Small Claims Court the limit on a counterclaim is $3,000.00.

        If you and the defendant settle your case before the hearing, put your agreement in writing and both parties should sign it. Tell the Small Claims Court clerk you have settled your case before the hearing date.

        To prepare for the hearing, plan what you want to say and prove. If there are any witnesses, ask them to go to the hearing. If they will not agree to go, you can subpoena them. A subpoena is a legal document that commands the person named in the subpoena to appear in court. You can ask the clerk for a subpoena when you go to court to file the claim or any time before the date of trial. The clerk will tell you how to serve the subpoena.

        Decide what you need to bring to the hearing to prove your case.

The following are examples of some evidence you will need for different kinds of cases:

        Bring your lease or rental agreement, if you have one, along with any receipts you have that show how much security deposit you paid.

        If your landlord might say you damaged the apartment, bring photographs or witnesses who can talk about the condition of your apartment on the day you moved in and on the day you moved out.

        If your landlord might say you moved out owing rent money, bring rent receipts to show that you paid your rent.

        To win your case you will have to prove first how much security you paid. Then you must show that you do not owe your landlord for rent or damages if your landlord says you do.

        Bring a list of your lost possessions and what they are worth. If possible, bring receipts or estimates that show how much you spent for your things. You can also bring pictures or witnesses who can describe what your possessions looked like and how much they were worth.

        If you believe that your landlord still has your possessions, tell the judge. You must prove that your landlord took your possessions, what those possessions were and how much they are worth.

        No, but if the defendant wants one, he or she may request one.

        Both sides tell their story to the judge.

        The person bringing the case (the claimant) presents their case first. If you are the claimant, after being sworn in, you may tell your version of the incident. You may submit any papers or evidence at this time.

        The judge will probably ask questions. You and the defendant will have a chance to question each other and any witnesses. Don't try to act like a lawyer. Tell your story clearly and honestly. Show the judge any evidence (letters, bills, etc.) you have. Don't interrupt or argue with your opponent.

        The judge will make a decision after listening to both sides. The judge may tell you the decision in court or you may have to wait for it in the mail.

        If the defendant doesn't show up, you will most likely win by default. You will still have to prove the amount of damages, so be prepared to show receipts, etc., to the judge.

        Usually you can only appeal if the judge made a very serious mistake. An arbitrator's decision may be appealed by requesting a TRIAL DE NOVO. The dissatisfied party may, within 35 days of the decision, file for a Trial de Novo with the City Court. There is a $75.00 filing fee

        If the defendant has little or no money or property, it may be impossible.

        In other cases, if the defendant does not pay you in a reasonable time, go to the Clerk of Small Claims Court for help. Take with you any information you have about the defendant's bank accounts, property and employment. You will probably be directed to the Marshal's office (847-8435) or to the Sheriff's Department (858-7606) for assistance. There will be a fee for their services.

Housing Highlights Table of Contents | NLS Home Page | Housing Home Page | Feedback