small claims question

March 10, 2022 9:25 AM

I've sued someone in small claims before (and won! woo!) but am running into an issue as I try this again and Google isn't giving me a clear answer.

I live in Upstate New York. The last time I did small claims (to recoup a deposit from a landlord who only returned $200 to me based on completely BS reasons) it was straightforward, as the landord's management company was located in the same county as I was.

This time around, we were completely fucked over by a contractor who we have since learned is notorious for doing shoddy work and getting sued in small claims (and losing, because he sucks). He was referred to us by our realtor, who seems to be the only human being in the area who he has not screwed over and also seems to have a soft spot for him in general (she has a kind of motherly affection for him and doesn't understand how we could POSSIBLY have an issue with him completely fucking up our living room floors among other crap work and basically stealing $3K from us - we really should have looked for online reviews of this guy before blindly taking her advice).

We live in County A. His business is located in County B.

Where do I file our claim? In County A where the shoddy work happened? Or in County B where his business is legally registered?

We've already sent a demand letter over a month ago and haven't received a response, hence me preparing to take the next step - like I said, this ain't my first small claims rodeo, but the county thing is confusing me and Google isn't helping.

Thanks in advance for your advice.

posted by nayantara to Law & Government (3 answers total)

I would call whatever county department handles small claims (county clerk's office?) and ask whether I should file there.
posted by Dolley at 9:57 AM on March 10, 2022

This handy PDF guide to small claims in the NYS city, town and village courts says:

Which Small Claims Court do I use?

When do I sue in a Town or Village Court

If the defendant lives, works, or has a place for doing business in a Town or Village, you can use the Small Claims Court:
• In that Town or Village (for up to $3,000), or
• In any City Court in that county (for up to $5,000)

When do I sue in a City Court?

If the defendant lives, works, or has a place for doing business in a city, you can use the Small Claims Court in any City Court in that county.

The rules are different for small claims in New York City and Nassau and Suffolk Counties, in which case you want this handy PDF guide.

Which Small Claims Court do I use?

If the defendant lives, works, or has a place of business in New York City, you can use the Small Claims Court in:
• The New York City County where you live,
• The New York City County where the defendant lives or works, or has a place of business.

If the defendant does not live or work or have a place of business in New York City, you cannot file a small claim in New York City.

If the defendant lives in New York City, but you do not, contact the Small Claims Clerk in the county where the defendant lives, works or has a place of business. Ask the clerk how to file by mail.

If the defendant lives, works, or has a place of business in Nassau County, you must use the Small Claims Court
listed on page 32, Small Claims Court Locations & Hours, to know which court you must use.

If the defendant lives, works, or has a place of business in Babylon, Brookhaven, Huntington, Islip, or Smithtown in
Western Suffolk County,you must use the Small Claims Court listed on page 33, Small Claims Court Locations &
Hours, to know which court you must use.

If the defendant lives, works, or has a place of business in East Hampton, Riverhead, Shelter Island, Southampton, or Southold in Eastern Suffolk County, you must use the Small Claims Court listed on page 34. There are special rules for small claims cases in Eastern Suffolk County.

posted by slkinsey at 10:13 AM on March 10, 2022 [1 favorite]

I would do a combination of reviewing the guide above and calling the clerk of the small claims court to confirm that your reading of the guide is correct. Clerk's offices are usually very very knowledgeable and helpful and the best source of information and time-saving.
posted by *s at 10:39 AM on March 10, 2022