Small Claims Court New York County- what to expect
NYC Small Claims Cases
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PAUL W. MATTHEWS ESQ.
305 BROADWAY, SUITE 801
NEW YORK, NY 10007
347-461-0760
attorneyinnyc@msn.com
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Affordable, experienced legal representation for Small Claims Court cases in NYC
By Paul W. Matthews,
In the City of New York, the Small Claims Court starts with a “calendar call” which in New York County takes place between 6:15 and 6:30 PM. It is important for a successful small claims court outcome for you to arrive on time because there may not be a “second call” of cases and if you do not answer at the calendar call your case will be dismissed if you are a plaintiff, and if you are a defendant and don’t show up on time the Court may decide against you on a default basis. At the calendar call each side is supposed to either call out their name or state “ready” if they are ready for trial, say “application” if they want a postponement (frequently called an “adjournment”), of the trial, and if they wish the case to be tried by a judge instead of an arbitrator, they should answer “by the court”. If you are represented by a NY small claims lawyer, he or she can ask for a “second call” on your behalf if you are running late and have not showed up at the calendar call and can also ask for an adjournment if you have a good reason you cannot come to court that night.
JUDGE OR ARBITRATOR?
Arbitrators are attorneys who volunteer their time without pay. Both sides must consent to their case being decided by an arbitrator. The decision of an arbitrator is final and both sides must agree to give up any right to appeal the arbitrator’s decision. You might wonder why anyone would choose an arbitrator instead of a judge. In New York County Small Claims Court there is typically only 1 judge available each evening and dozens of cases. This means that your case may be postponed numerous times before it is actually tried by the judge. This becomes particularly onerous if you have witnesses who would have to come to court many times hoping that the case will be heard that night. Under NYS law, businesses which are incorporated are required to be represented by a lawyer in small claims court. If you go into the New York County Small Claims Court on any evening you will see numerous attorneys representing companies such as Verizon who deal with large numbers of consumers. When a defendant asks for a judge to decide the case, making the plaintiff come back many times may have the effect of making the plaintiff give up in frustration. Also, appeals are both expensive and can a long time, hence appeals of small claims court decisions are very rare in NYC. If your case is decided by a judge he or she is supposed to apply the rules of evidence but at the same time render “substantial justice”. These two provisions of the small claims statute seemingly contradict themselves and make it very difficult to predict if, when, and how the rules of evidence will be applied or what the outcome is likely to be. Since the rules of evidence are complex, it is particularly helpful to have an experienced NYC small claims lawyer represent you if your case is going to be decided by a judge.
If your case is going to be decided by an arbitrator, it is much less likely that the rules of evidence will be applied. In fact an arbitrator may not even follow the rules of procedure which courts typically follow. For example, usually witnesses are usually not allowed to sit in on the trial and listen to the testimony of other witnesses, however this may be allowed by an arbitrator. The trial before an arbitrator may assume the aspect of a “free for all”. Some experienced NYC small claims lawyers believe that an arbitrator is more likely to “split the difference” while a judge is more likely to follow an “all or nothing” approach to deciding a case.
In order to avoid ugly scenes, at the end of the trial the judge or arbitrator will almost always “reserve decision”. However the written decision/ order will usually be mailed to both parties promptly.
If the plaintiff does not show up his or her case will be dismissed, usually “without prejudice”, which means that the plaintiff can re-file their case at a later time. If the defendant does not show up the NYC Small Claims Court will refer the case to an arbitrator for “inquest”. An inquest is basically a one sided trial. The plaintiff still has to prove that the defendant actually owes him the monies claimed. The plaintiff is still required to prove his damages by submitting a copy of paid bills or copies of 2 signed estimates for all monies claimed to be owed. The arbitrator is allowed to ask questions and may check to see that your numbers “add up”. Although it is hard to lose when there is an inquest, experienced small claims lawyers know that a pro se defendant who fails to show up may be successful in reopening the case if he or she has a colorable excuse for not being there. Claiming “I was sick” might be enough to get the case re-opened. If both parties show up and the trial takes place small claims court outcomes range from the plaintiff getting all the money he has filed for, to his getting part of the money, to getting nothing, and if there is a counterclaim the plaintiff might even end up owing money.
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Small claims court outcomes
Disclaimer: The information on this website is intended to show general principles, and should not be relied upon for decision making without consultation with an experienced Divorce Lawyer or Family Law attorney as to your particular situation. Contact via email does not establish an attorney-client relationship.
© 2009 Paul W. Matthews | New York Family Law | 305 Broadway, Suite 801 | New York, NY 10007 | 347-461-0760
