1. What Is Small Claims Court in Nassau County?
Small Claims Court in Nassau County, New York, is a division of the District Court designed to resolve minor disputes quickly and affordably. It handles cases where the claim amount is $5,000 or less and is accessible for individuals and businesses.
2. Types of Cases Handled in Nassau County Small Claims Court
- Unpaid debts or loans.
- Breach of contract disputes.
- Property damage (e.g., car accidents, home repairs).
- Faulty goods or services.
- Unreturned security deposits.
3. Steps to File a Small Claim in Nassau County
Step 1: Confirm Eligibility
Ensure your case meets the following criteria:
- Monetary Limit: Claims must not exceed $5,000.
- Jurisdiction: File in the court where the defendant lives, works, or does business.
- Timeframe: File your claim within the statute of limitations (typically 3–6 years, depending on the type of claim).
Step 2: Obtain the Required Forms
Visit the Nassau County District Court to obtain the small claims forms or download them from the official court website:
- Small Claim Form (SC-100).
- Proof of Service Form.
Step 3: Complete the Small Claim Form
Provide the following details:
- Your name and contact information.
- The defendant’s name and address.
- A brief description of the claim (e.g., “Unpaid loan of $3,000”).
- The amount you are claiming.
Step 4: File Your Claim
- Submit the completed form in person at:
Nassau County District Court
99 Main Street, Hempstead, NY 11550
Official Website
- Pay the filing fee:
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,000 | $15 |
| $1,001–$5,000 | $20 |
Step 5: Serve the Defendant
The defendant must be notified of your claim through an approved method of service:
- Certified Mail (with return receipt): Handled by the court.
- Process Server: Hire a professional to deliver the documents.
The defendant must be served at least 10–15 days before the court date.
Step 6: Prepare for the Hearing
- Gather Evidence: Contracts, receipts, invoices, photos, and any relevant documents.
- Organize Witnesses: Witness testimony can strengthen your case.
- Rehearse Your Case: Practice explaining your claim clearly and concisely.
Step 7: Attend the Hearing
- Arrive early and bring all evidence.
- Present your case to the judge, including any supporting documents or witnesses.
- The judge may issue a decision on the same day or mail it later.
4. What Happens If You Win Your Case?
If the court rules in your favor:
- Payment: The defendant is required to pay the awarded amount.
- Enforcement: If the defendant doesn’t pay, you can request enforcement actions such as:
- Wage garnishment.
- Bank account levies.
- Property liens.
5. Frequently Asked Questions
Q1: Can I file a claim online in Nassau County?
No, claims must be filed in person at the Nassau County District Court.
Q2: Do I need a lawyer for small claims court?
No, the process is designed for self-representation. However, you may consult a lawyer if needed.
Q3: Can businesses file small claims?
Yes, businesses can file claims for unpaid invoices or damages within the $5,000 limit.
Q4: What if I don’t know the defendant’s exact address?
You must provide the best-known address, as the defendant must be served to proceed.
Q5: How long does it take to resolve a small claims case?
Most cases are resolved within 1–3 months, depending on court schedules.
6. Tips for Success
- Be Prepared: Bring all necessary evidence and witnesses to the hearing.
- Stay Professional: Be respectful and concise when presenting your case.
- Communicate Early: Try to resolve the dispute with the defendant before filing your claim.
7. Conclusion
Filing a small claim in Nassau County is a straightforward process designed to help individuals and businesses resolve disputes quickly. By following the steps outlined above and preparing your case thoroughly, you can confidently navigate the small claims court system and seek a fair resolution.