Important
Information for
Defendants in Small Claims
The Notice of Claim is the
start of a lawsuit against you. It should not be ignored! The person suing
you is the claimant; you are the defendant. Carefully read the Notice
of Claim for more information about the lawsuit.
The Small Claims Court is an
informal court where individuals and sole proprietors can sue for money
only, up to $3,000, without a lawyer. If you have questions about court
procedures, contact the Clerk of the Court at 607-547-5689 or go to the
Court and pick up of the Small Claims Guide (click here to read A Guide
to Small Claims). (Note to Curt Akin: this links to the separate page
by the same name)
You MUST go to the Court on
the date specified in the Notice of Claim. If you wish, you may be represented
by an attorney at your own expense. If you need an adjournment, call the
Clerk of the Court at 607-547-5689 for information. Note that if you do
not have a good excuse, your request will be denied. Any requests for
adjournment must be in writing to the Court at least 72 hours before the
date of the hearing. You may also ask for a jury trial by filing a Demand
for Jury and paying the appropriate Jury Demand fee and undertaking.
If you do not go to Court or
do not get an adjournment, a default judgment may be entered against you.
If you do not pay the judgment, the claimant may have the Sheriff seize
certain of your property and sell it to satisfy the judgment or, if you
work, have a portion of your salary turned over to the claimant until
the judgment is paid. The claimant also may obtain a restraining order,
tying up your bank account.
If you have a claim against
the claimant, you may bring a "counterclaim" as part of the
lawsuit, for money only, up to $3,000. You must inform the Court of your
counterclaim and you must be prepared to prove the counterclaim on the
day you go to Court. You should contact the Clerk of the Court for information
and filing fees if you wish to file a counterclaim.
If you believe a third party
is responsible for the claim, you may be able to bring that party into
the lawsuit as a defendant by filing your own Small Claim with the Court
against the third party. You must inform the Court that there is a pending
small claim/commercial claim and you must be prepared to prove your claim
on the day you go to Court. You should contact the Clerk of the Court
for information and filing fees if you wish to file a claim against a
third party.
When you go to Court on the
day set for the trial, be prepared for a simple, informal hearing. Bring
any evidence necessary to prove your defense, such as photographs, written
agreements, an itemized bill marked "paid", receipts, canceled
check, etc. If you rely on estimates, two different written estimates
of the cost of repairs or services are required. If possible, merchandise
that is in dispute should be brought to Court. Testimony, including your
own, is evidence. Any other witness also may testify. You may have to
pay an expert witness for his or her time. If a witness is unwilling to
appear voluntarily and/or produce records, you may contact the Clerk for
information about getting a subpoena. Witnesses must testify in person.
Statements are not admissible.
You may try to end the lawsuit
before the court date by offering the claimant a settlement or by working
through the Community
Dispute Resolution Center.
|