Small Claims Court in Onondaga County

In Onondaga County, NY small claims cases are filed in superior court. Onondaga County has three superior courthouses that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Onondaga Court System.

Small Claims Court

Small Claims Court is a part of your local City, Town, or Village court system designed to resolve certain financial disputes quickly and affordably. Here's what you should know:

• Maximum claim amounts: You can sue for up to $5,000 in City Courts and up to $3,000 in Town or Village Courts.
• What it’s for: Small Claims Court is strictly for money-related issues. You can’t use it to force someone to do something or to claim compensation for pain and suffering. For example, you can’t sue to get back a laptop you loaned to a friend.

Why choose Small Claims Court

• It’s straightforward. The process is designed for non-lawyers.
• No lawyer needed. You can handle the case yourself.
• Help with notification. The court will send notice to the person you’re suing. If they can’t reach them by mail, the clerk will explain what to do next.

Before Filing

• Who Can You Sue?
  • The person or business you’re suing must:
    • Live, work, or do business in New York
    • Own property you’re renting.
• If You’re Filing as an Individual
  • Age Requirement: You must be at least 18 years old.
  • How to File:
    • Fill out a court form describing your case.
    • Pay a filing fee of $10 to $20, depending on the amount you're suing for.
• If You’re Filing as a Business
  • Who Can File: Only corporations, partnerships, LLCs, or similar entities are eligible.
  • Fees: The court fee is $25 per claim, plus postage costs.
  • Additional Requirement: If your case involves a consumer-related transaction, you must send a demand letter to the defendant before filing.
  • Where to File: Business claims can only be filed in City Courts—Town and Village Courts don’t handle these cases.
  • Monthly Limit: A business can file up to five claims in New York each month.

Who Can Use a Small Claims

Key Eligibility and Rules for Filing in Small Claims Court

• Who Can File
  • Individuals: Anyone 18 or older can file a claim. If you're under 18, a parent or guardian can file on your behalf.
• Claim Limits
  • The maximum claim amounts are:
    • $5,000 in City Courts
    • $3,000 in Town and Village Courts
  • If your claim exceeds these limits: You can file a civil case in City Court, which allows claims up to $15,000.
  • Important: You cannot split a larger claim into smaller amounts to fit within the Small Claims limits.
• Businesses and Organizations
  • Partnerships: Can only file commercial small claims in City Court.
  • Corporations: Municipal and public benefit corporations can use Small Claims Court, but all other corporations, LLCs, associations, and assignees must file as commercial claims in City Court.
• Legal Representation
  • Individuals: You don’t need a lawyer, but you can hire one if you choose. The other party may also have legal representation.
  • Businesses: Corporations and LLCs don’t need a lawyer in Small Claims Court; an authorized officer or employee can represent them.
• Key Terms to Know
  • Claimant/Plaintiff: The person or business filing the claim.
  • Defendant: The person or business being sued.

Cases Handled

Small Claims Court can help resolve many common disputes, including:

• Breach of Contract: Disagreements over written or verbal agreements.
• Return of a Down Payment: Recovering money paid upfront when a deal falls through.
• Vehicle Accidents: Claims for property damage caused by car accidents.
• Personal Property Damage or Loss: Compensation for items that are damaged or stolen.
• Consumer Complaints: Issues with defective products or poor-quality workmanship.
• Unpaid Services: Claims for payment owed for services you provided.
• Bad Checks: Recovering money from a check that bounced.
• Unpaid Rent: Landlords seeking to recover overdue rent.
• Security Deposit Disputes: Tenants seeking the return of a security deposit (up to $5,000).

Small Claims Court

Choosing the Right Small Claims Court

• Filing in a Town or Village Court
  • When to Use: If the defendant:
    • Lives, works, operates a business, or owns rental property in the area.
  • Claim Limit: Up to $3,000.
  • Special Cases: Town or Village Courts are often convenient for tenancy-related disputes.
  • Alternative Option: If the case is within the same county, you can file in a City Court instead for a higher claim limit of $5,000.
• Filing in a City Court
  • When to Use: If the defendant:
    • Lives, works, operates a business, or owns rental property anywhere in the county.
  • Claim Limit: Up to $5,000.
• What If the Defendant Isn’t in New York State?
  • Restriction: You cannot file in Small Claims Court if the defendant has no ties to New York State, such as living, working, or conducting business there. In this case, you may need to explore filing in the appropriate state where the defendant is located.

Start Your Small Claims Case

How to Start Your Small Claims Case

1. Fill Out the Application: Complete a form detailing your claim.
2. Get the Form: Available online for most City Courts or from the Court Clerk.
3. Information Needed: Include names, street addresses (no P.O. Boxes), and a description of the incident.
4. Missing Legal Names? File using any known name, but update with the correct legal name later. Use the County Clerk or Division of Corporations’ search tool to find it.
5. Addresses: Provide where the defendant lives, works, or owns property tied to the claim.
6. File the Form: Submit your completed application to the court to begin your case.

Filing Fees

Filing Fees

• City Court:
  • $15 for claims up to $1,000
  • $20 for claims between $1,000 and $5,000
• Town or Village Court:
  • $10 for claims up to $1,000
  • $15 for claims between $1,000 and $3,000
• Payment Tips
  • Payment Methods: Contact the court directly to confirm accepted payment methods, as many do not accept personal checks or credit cards.
  • Checks or Money Orders: Ask the Clerk who the payment should be made out to.
  • Need Contact Info? Refer to page 33 for Small Claims Court contact details.

Double-check payment details with the court to avoid delays in filing your claim.

Solve the Problem Without Going to Court

• You can resolve disputes without going to court by using a community dispute resolution center, which provides free mediation services in every New York county.
• A mediator, a neutral third party, will help both sides communicate and discuss the issues to find a resolution. The mediator doesn't make a decision but facilitates the conversation and, if both parties agree, drafts a settlement agreement.
• To find a community dispute resolution center near you, visit the provided link.
• This option is a helpful way to avoid the time and costs of court while resolving conflicts.

Counterclaim

The defendant can file a counterclaim against you in Small Claims Court. A counterclaim must be for an amount within the court's limits, and the defendant will pay a filing fee of $3 to $5, plus mailing costs.

How Will You Know if a Counterclaim Is Filed?

• You'll receive a notice from the court or be informed during the trial.
• The defendant must file the counterclaim either:
  • Within 5 days of receiving notice of your claim, or
  • On the trial date itself.
• Will My Case Be Postponed?
  • If filed within 5 days of notice but before the trial: You can request a postponement, and the judge must grant it.
  • If filed on the trial date: You may request a postponement, but the judge has the discretion to deny it.

Notify the Defendant

Serving the Defendant After Filing Your Claim

Once you file your claim, the Court Clerk will send the defendant a notice by both regular and certified mail. If the regular mail isn't returned within 21 days (or 30 days for consumer claims), the defendant is considered served.

• If the Defendant Can't Be Served by Mail:
  • The clerk will provide instructions on how to properly serve the defendant.
  • You can have someone 18 or older (not involved in your case) serve the notice or hire a process server.
• Time Limits:
  • If the defendant isn't served within four months, the court will dismiss your case, but you can refile if you later find the defendant.

Important: The trial cannot proceed unless the defendant has been served.

Postpone My Trial

Steps to Ask for a Postponement:

1. Contact the Court: Different courts have different procedures, so it's best to call them directly to request a postponement.
2. Written Request: If calling isn’t possible, send a letter to the Court and the other party asking for the postponement. If the other side agrees in writing, include their response when submitting your request.
3. Court Appearance: If you don’t receive a new trial date, you or someone authorized to speak for you must attend the original trial date to explain your need for an adjournment.

Important Considerations:

• If you or your representative can’t attend, the Court may not postpone the case, which could lead to dismissal.
• If you're the defendant and don’t show up, the Court may proceed with the case and issue a judgment against you.
• If the Court grants a postponement, both parties will be notified of the new trial date.

Suing Government Entities in Small Claims

You can use Small Claims Court to sue entities like school districts, towns, villages, cities, county agencies, or public benefit corporations. However, there are some important steps and deadlines:

1. Notify the Agency: You must notify the agency of your intent to sue within 90 days from when you were injured or your property was damaged. If you miss this deadline, the Court may dismiss your case.
2. Obtain the Notice Form: Get the form from the agency you plan to sue. Follow their preferred method of delivery, which may include electronic submissions.
3. Agency Response: The agency may:
   • Make a settlement offer
   • Deny your claim
   • Not respond at all
4. Proceed if No Resolution: If there's no resolution within 30 days, you can proceed with your case in Small Claims Court.

Important Deadlines:

• You have 1 year and 90 days from the date of the injury or damage to file your claim.
• Note: You cannot sue the federal government or state agencies in Small Claims Court. For state agencies, you must file in the Court of Claims.

Preparing for Your Small Claims Court Trial

Organize Your Evidence:

• Gather relevant evidence, such as:
  • Photos, agreements, letters, bills, receipts, invoices, and proof of payment
  • Damaged items or printed evidence from your phone/computer
  • Audio/visual evidence (check Court for acceptable formats)

If seeking repairs or services, bring two signed itemized estimates. Ask the Court how to retrieve your evidence after the trial.

Witnesses at Your Trial:

• You can have witnesses, including yourself, anyone with knowledge of your claim, or an expert witness. Expert witnesses may charge a fee and are required in some cases.

Subpoenas for Unwilling Witnesses:

• If a witness refuses to testify or provide documents, ask the Court Clerk to issue a subpoena, requiring them to submit documents or attend the trial.

Arranging a Witness Subpoena

To serve a witness subpoena, you must have someone 18 or older who is not involved in the case deliver it. You can also hire a process server or sheriff. The witness is entitled to a $15 fee, paid at the time of service, and if travel is required outside the city, you must cover 23 cents per mile. The subpoena must be served before the trial date, ideally giving the witness at least two days to prepare.

Settling Before Trial

It’s often best to reach an agreement before or during the trial. If you settle before the trial:

• Notify the Court Clerk in writing and provide a copy of the settlement agreement.

If you need more time to finalize the agreement, request a postponement (called an “Adjournment Pending Settlement”). If the case remains unresolved by the new trial date, you must attend Court as scheduled.

Day of Your Trial

What to Do on the Day of Your Trial

1. Arrive Early:
   • Arrive early to go through security and find your courtroom. Check the Small Claims Court calendar outside to locate your case.
2. Check In:
   • You may need to check in with the Court Clerk when you enter the courtroom.
3. If One Side Is Absent:
   • If you don’t show up, your case will be dismissed.
   • If the defendant doesn’t appear within an hour, the Court may hear your case without them, and you could win by default judgment.
4. Accommodations for Disabilities:
   • If you can't attend due to a disability, a family member can request to testify on your behalf.
5. Waiting for Your Case:
   • The clerk will inform you when your case is ready. When called, stand, state your name, and say "Ready" if you're prepared, or "Application" if you need a postponement.
6. Who Decides the Case?
   • A judge or arbitrator will decide your case. Some courts also offer mediation to help you reach a settlement.

Mediation

Mediation and Jury in Small Claims Court

• Mediation:
  • Mediation involves a neutral mediator who helps both parties communicate and try to reach a settlement. The mediator doesn't make decisions but facilitates the discussion. If no agreement is reached, the case returns to a judge or arbitrator.
• Will There Be a Jury?
  • Arbitrator or Mediator: Small claims cases decided by an arbitrator or mediator do not involve a jury.
  • Judge: If a judge hears your case, a jury may be available only if the defendant requests it.
    • The defendant must pay a jury fee ($10 in Town and Village Courts, $70 in City Courts) plus an additional $50.
    • The defendant must submit a statement affirming the need for a jury, citing at least one factual question that requires a jury's decision.

Trial

Trial Process in Small Claims Court

1. Opening the Trial:
   • As the claimant, you will take an oath to tell the truth and present your case with supporting evidence (documents, photos, etc.).
2. Questioning:
   • Both the court and the defendant can ask you questions about your case.
3. Witnesses:
   • If you have witnesses, they will take an oath and testify. Both the court and the defendant can ask them questions.
4. Defendant's Turn:
   • The defendant will take an oath, present their case, and provide their evidence. Their witnesses will testify, and you can ask them questions.
5. Asset Inquiry:
   • You can ask the court to question the defendant about their assets (like cars, houses, or bank accounts), which may help you collect a judgment. You can also request the court to prevent the defendant from disposing of assets.
6. Court's Decision:
   • The court typically doesn’t give an immediate decision but will mail the ruling within 30 days.

Appeal

1. If a Default Judgment Was Issued:
   • The absent party can request the court to reopen the case by filing a motion to vacate the default judgment. They must provide a valid defense and a good reason for missing the trial.
   • If granted, a new trial will be scheduled.
2. If Your Case Was Decided by Mandatory Arbitration:
   • Any party can request a new trial before a judge (trial de novo) within 35 days of receiving the arbitrator’s award. A $75 fee is required.
3. If Your Case Was Decided by a Judge:
   • You can appeal to a higher court, but default judgments cannot be appealed.
   • Appeals are rarely successful. The higher court will assess if substantial justice was served, meaning the fairness of the trial rather than minor errors.
4. Appeal Process:
   • You must file a Notice of Appeal within 30 days (35 days if mailed) and pay applicable fees. You may request a fee waiver if needed.
   • If the appeal is not paid or a bond is not posted, collection efforts may continue.
   • The appeal is sent to County Court or the Appellate Term depending on your county.

Collecting Judgment After the Trial

1. Notice of Judgment:
   • The court sends both parties a Notice of Judgment or Arbitration Case Report, detailing:
     • The amount to be paid.
     • Instructions for collecting the judgment.
2. Judgment Validity:
   • The judgment lasts for 20 years, with 9% annual interest.
   • For real estate, it’s valid for 10 years unless renewed by filing paperwork.
3. Court’s Role in Collection:
   • The court does not collect the judgment for you. You must take action to collect it.
4. How to Collect:
   • Contact the Debtor: St art by requesting payment from the debtor.
   • Find the Debtor’s Assets: Look for assets such as income, bank accounts, real estate, or personal property (vehicles, jewelry).
5. Enforcement Options:
   • You can hire an enforcement officer to help locate and seize assets, or explore other collection methods.

Enforcement Officer Can Collect the Judgment

1. Garnishment of Salary:
   • If you know the debtor's employer, the enforcement officer can issue an income execution to deduct a percentage of the debtor’s salary and pay it directly toward the debt until settled.
2. Garnishment of Bank Account:
   • If you have the debtor’s bank account details, the officer can seize funds from the account.
3. Exempt Funds:
   • Certain incomes, such as social security and veterans' benefits, cannot be garnished.
4. Seizure and Sale of Vehicle:
   • The officer can seize the debtor’s car and sell it to satisfy the debt.
   • Important: If there’s a loan on the car, it must be paid off first. You’ll also need to cover towing and storage fees (approximately $150+).
5. Sale of Property:
   • If you’ve filed a transcript of judgment with the County Clerk, the officer can sell the debtor’s home or land to collect the debt.

These enforcement methods help recover the owed amount but may involve fees, and some assets may be protected by law.

Let Squabble Help You With Your Small Claim at Onondaga County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Onondaga County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouses Location:

1. Onondaga County City Court

   505 S. State St.
   Syracuse, NY 13202
   (315) 671-2040
   https://ww2.nycourts.gov/courts/5jd/onondaga/city/index.shtml

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

2. Onondaga County Town of Syracuse Court

   4334 S. Salina Street
   Syracuse, NY 13205
   (315) 448-8400
   https://ww2.nycourts.gov/courts/5jd/onondaga/city/index.shtml

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

3. Onondaga County Town of Onondaga Court

   5020 Ball Road
   Syracuse, NY 13215
   (315) 469-4217
   https://www.townofonondaga.gov/departments/justicecourt

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.