Procedures For Filing a Small Claim in the Campbell Town Court:
Things to know before filing claim
- Claim may not exceed $3,000
- Claim can only sue for a monetary amounts for security deposits, utility bills or rent
- Defendant must live or have a place of business in the Town of Campbell
- Claimant may not file if it is a partnership, corporation, or association
- Claimant must provide the name and exact address of the defendant
- If your claim is against an incorporated business, you must use its proper name
- All other business’s must use the owner’s name and address
Can File Small Claims for
- Security deposits, utility bills or rent
- Value of damaged, lost, or destroyed property
- Money damages resulting from an unlawful eviction
Cannot File Small Claims For
- Items
- Merchandise
- Pain of suffering
- Personal belongings
Filing Fees
- $10.00 for claim up to and including $999.00
- $15.00 for claim between $1,000.00 and $3,000.00
- NO REFUNDS WILL BE GIVEN
All Claims Must
- Be legible
- Provide only relevant details
After filing your small claims
- Both parties will receive notice by mail of court date and time
- If claim settles before the return date, contact Campbelltowncourt@nycourts.gov
You must appear to present
- Your defense
- Any counter claims that you may have against the other party
- Regardless of a defense, if you/your attorney does not appear to court, judgement will go against you
What to bring to court
- Witnesses
- Account books
- Receipts
- Any other supporting documents
If you admit the claim but need time to pay
- Must appear personally on hearing date
- State that you need time to pay
- Show reason for extra time
Counterclaim
If you wish to present a counterclaim
- File a statement containing counterclaim within 5 days of receiving “notice of claim”
- Pay $3.00 filing fee plus cost of postage to send counterclaim to claimant via first class mail
If you fail to file a counterclaim within the 5-day period
- You retain the right to file a counterclaim until hearing date
- Claimant may request an adjournment to a later date of at most 20 days
Jury Trial
If you desire a jury trial
- Before the hearing date, file a written demand for trial by jury
- Pay jury fee of $10.00
- File an undertaking for $50.00 (or)
- Deposit $50.00 cash to secure payment of costs that may be awarded against you
You will be required to make an affidavit specifying
- Issues of fact which you desire to have tried
- State that you demand a trial in good faith
- The court may award an extra $25.00 to plaintiff if a jury trial demanded by you but rendered against you
Additional Resources
Small Claims Court, Q&A
Who can use Small Claims Court?
- You 18 years or older
- If under 18 years, action must be brought by parent or guardian
- Corporations, partnerships, associations, or assignees cannot bring actions in Small Claims Court
Do I need a lawyer to go to small claims court?
- No. Lawyers are not necessary, but you can use a lawyer