Small claims cases are heard in village, town, and city courts. For Ithaca City residents, Ithaca City Court is where you would go to start a small claims case. Small claims courts only handle claims up to certain dollar amounts, not including court costs and interest. In town and village courts, the limit is $3,000. In city courts, like Ithaca City Court, the limit is $5,000. A small claims court cannot, however, order someone to do or not do something (“injunctive relief”). For example, while a small claims court cannot order your landlord to actually make a repair, they can award you a money judgment to compensate you for a violation of the warranty of habitability or to refund you if you made the repair yourself.
Generally, to sue a person or a company in small claims court in a town or village, they must reside or do business in that town or village. Similarly, to sue a person or a company in small claims court in a city, they must reside or do business in the county in which the city is situated. However, if you are/were a tenant and sue the landlord (property owner), the claim relates to your tenancy, and the property is situated within the county, you can file a small claim in your county—even if the landlord does not reside or do business in the county.
Small claims court is relatively simple, informal, and inexpensive. You do not need a lawyer to sue someone in small claims court, but you can have one if you want to. To start the claim, you need to file an application with the clerk of the court and pay a filing fee. The clerk will give you a court date and will inform your landlord of the court date as well.
On the date of your hearing, a judge, arbitrator, or mediator may try to help you and your landlord settle the case before having the formal hearing. If you and your landlord are not able to agree to a settlement, then the case will usually proceed to a hearing. During the hearing, you will generally be allowed to make a brief opening statement, present your evidence, and call witnesses, if you have any.
At the end of the hearing, the judge may tell you their decision immediately or they may “reserve” their decision for a later date. They may give you their decision orally or in writing. If you are looking to collect on the judgment, or if you disagree with the judge and want to appeal their decision, then you will need to get a transcript of the decision if it was given orally.
The judge may decide to order a judgment in your favor. Winning a judgment against your landlord, however, does not mean that you will automatically get your money. The court will not help you collect on your judgment – there are additional steps you must take to collect your money. For more information on collecting judgments, contact an attorney or refer to the guide referenced below.
If you disagree with the judge’s decision, you can appeal the decision at a higher court. There are strict time limits and fees applicable to filing an appeal, and additional steps you must take.
For more detailed information and instructions for small claims court, please refer to: https://www.nycourts.gov/courthelp/pdfs/SmallClaimsHandbook.pdf.
If you are seeking a judgment greater than the Small Claims Court limits, or you want the court to order your landlord to do, or not to do, something, then you should contact an attorney about filing a civil action in Ithaca City Court, for up to $15,000, Tompkins County Court, for up to $25,000, or in New York State Supreme Court, which does not have dollar limit.
A lien is a legal claim on property that gives a creditor the right to sell it to recover an unpaid debt or obligation.
In order to see whether or not a lien exists or has been settled on a property, check the county recorder, county assessor or local courthouse who will provide the relevant information for your property. You may be able to search records online, submit a request by mail or conduct a search in person, the seach generally costs a fee.
Additionally, if the lien was settled through an installment agreement, the lien would be reduced by the payments made under the agreement, and it would not be foreclosed during the period of installment payments, provided that such payments are not in default
