Most people hope to never need to go to court. However, if you find yourself needing court intervention, small claims court might be the place to resolve your dispute. Cities, towns, and villages across New York State have designated courts where you can sue individuals or businesses for monetary damages of up to $3,000 or $5,000, depending on the location. The courts have forms available online or at the court clerk’s office. For the City of Batavia, forms and additional information can be found here.

                You might be asking whether or not you should hire an attorney to assist you. At the outset, note that small claims court is designed to be “user-friendly” and encourages participation by litigants without representation. Often times, fees to hire an attorney to pursue a claim on your behalf could exceed the amount of recovery in the action given the small monetary limits of the Court. Ultimately, the choice of whether to hire an attorney is yours, but the following considerations may help you to decide:

• Can I adequately detail my claim against the other party and explain to the judge what relief I am seeking?
• Do I have evidence of the damages I sustained?
• If the case proceeds to trial, do I feel confident to ask questions and present evidence needed to win my case?

If the answer to these questions is no, you may want to consider hiring an attorney to assist you in presenting your case. In addition, if the relief you seek is not money, but instead is, for example, the return of property, you cannot sue in small claims court and may want to consult an attorney to discuss other avenues. Other common reasons to hire an attorney may include not knowing where the defendant lives or does business, when the defendant is out of state, or when you seek monetary damages greater than $5,000. Consultation with an attorney could also be helpful to explore what other avenues for relief you have, short of commencing a case in small claims court.

                The New York State Court System has a helpful guide which covers many frequently asked questions regarding small claims court, and instructions on how to start your case. The guide can be found here. If your question is not answered, contact us and we may be able to assist you.