Filing a Small Claim in Nassau County, New York

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Small claims courts are courts of limited jurisdiction that are designed to hear civil cases between private litigants.  Their purpose is to prevent clogging up the formal court system with relatively petty matters through a less formal forum.  Small claims courts also limit the judgments awarded.  This limit is generally set at $5,000 – though it may vary from jurisdiction to jurisdiction.

 

The rules of civil procedure and evidence are typically simplified in small claims proceedings so as to allow non-lawyers to litigate their matters without the help of a costly attorney.  Formal and costly procedures such as depositions are not allowed in small claims, and generally speaking, neither is a trial by jury.

 

Filing Small Claims in Nassau County

 

Any individual over the age of 18 can file in Nassau County Small Claims Court for damages up to $5,000.  If you are under 18, then a parent may file on your behalf.  In order to file in Nassau County Small Claims Court, either the claimant or the defendant must reside or maintain employment in Nassau County.

 

The first step to bringing an action in Small Claims Court is filling out a statement of claim in the proper venue.  The appropriate forms may be found here.  The person who fills out the statement of claim must know the following things:  the amount of the claim, the name and address of the parties involved with the case, any business names involved, and the reason for the lawsuit.  There is a court fee of $15 if the amount of the claim is $1,000 or less.  If the amount of the claim is over $1,000 up to $5,000, then the fee is $20.  This fee must be paid by cash, certified check, money order, or bank check, and be made out to “Clerk of the Civil Court.” 

 

After paying the fee and filing the paperwork, the clerk will give you a date and time for the hearing – which usually occurs at night after business hours. Senior citizens, disabled people, and people who work at night may request that their hearing be held during the day with a showing of proof of age, disability, or nighttime employment.  Acceptable proof can be an official state document that shows your age (such as a license), a letter from a doctor, or a letter from your job.

 

Once your claim has been filed, the small claims clerk will serve the defendant with a notice of your claim, which will inform him or her of the time and location of the hearing and include a brief statement of your claim.  If the notice is not returned by the post office within 21 days of the court mailing out the statement, then the defendant will be presumed to have received the notice.  If it is returned, then the court clerk will give you a new hearing date and instructions for personally serving the notice to the defendant.  If, after four months, you have not been able to properly serve the defendant, then your claim will be dismissed. However, you may re-file at a later date if you obtain new information as to the defendant’s whereabouts. 

 

For additional information and legal assistance pertaining to the New York small claims process, visit the New York Court System’s website.

 

Comments

Greene

Landlord Tenant Dispute

Leslie Greene, 24 Fern Drive, LLC was Landlord of a home that I rented. I was a tenant there for for 2 years. They kept my security deposit, despite a walk-through and no notification that they intended to keep my security deposit. We were renting the home at 24 Fern Drive because our home burned down completely and we lost everything. Landlord refused to make any repairs or provide any maintenance during my rental period. The amount of the deposit, kept by the landlord, was $9600. I understand that I can only recover $5,000 of that in small claims court. I cannot afford to take this to Nassau County Supreme Court.

The owner of the house at 119

The owner of the house at 119 Allen Drive in Great Neck refuses to maintain the home in habitable condition. There is black mold, leaking sewerage, no refrigerator, no dishwasher, dryer ( we had to buy our own) broken windows, broken plumbing, leaking roof and holes in the house, electrical problems, vermin, an infestation of birds, squirrels and bees, holes in eaves and roof -allowing birds, bees, and animals to build their homes in the house. There have been a myriad of perpetual problems that he continues to deny exist. He refuses to return security deposit even after putting it in writing that he agreed to return the full security deposit of more than $4800. I have tried to research how to contact him to file a small claims case but it appears that he has an LLC listed as MHK Realty but all addresses no longer seem valid. Hoping to file using his personal address since rent checks that were always paid on time for more than 8 years to him will suffice. I hope he does not try to hide. He is planning to do this to another victim even though we tried to warn her and he said in front of us, "I refuse to fix anything."