Utica Small Claims Court

Utica Small Claims Court

Posted in the Utica Forum

intersting

Utica, NY

#1 Aug 1, 2010
Has anyone brought a case to small claims in Utica and won? whats it like? is it like what u see on judge judy?
Court

Chittenango, NY

#2 Aug 1, 2010
intersting wrote:
Has anyone brought a case to small claims in Utica and won? whats it like? is it like what u see on judge judy?
It's nothing like Judge Judy. You have to go to the Court, pay to file your claim (I don't know what it is now, but it was $25 when I did), then you wait a month or so to have your hearing scheduled.

I had to file a claim years ago against an ex-landlord who never returned my security deposit. My ex-landlord didn't even show up for the case so the Judge automatically declared me the winner. In about three weeks or so after the decision, I received a check in the mail from my ex-landlord. I'm assuming they were notified by the Court of the judgement against them.

So you do alot of waiting and you may have to take a day off from work for the hearing.
takes alot of patience

Rome, NY

#3 Aug 3, 2010
Court wrote:
<quoted text>
It's nothing like Judge Judy. You have to go to the Court, pay to file your claim (I don't know what it is now, but it was $25 when I did), then you wait a month or so to have your hearing scheduled.
I had to file a claim years ago against an ex-landlord who never returned my security deposit. My ex-landlord didn't even show up for the case so the Judge automatically declared me the winner. In about three weeks or so after the decision, I received a check in the mail from my ex-landlord. I'm assuming they were notified by the Court of the judgement against them.
So you do alot of waiting and you may have to take a day off from work for the hearing.
NO enforcement and the judges side with businesses. I won my $2500 case against a local car dealership and i'm still waiting to get paid. One judge ruled in my favor to only have another judge overturn that ruling and force another hearing but I won that also. STILL WAITING ON ENFORCEMENT ON THE RULING.
Long Time Utican

Rome, NY

#4 Aug 3, 2010
takes alot of patience wrote:
<quoted text>NO enforcement and the judges side with businesses. I won my $2500 case against a local car dealership and i'm still waiting to get paid. One judge ruled in my favor to only have another judge overturn that ruling and force another hearing but I won that also. STILL WAITING ON ENFORCEMENT ON THE RULING.
What kind of "enforcement" are you waiting for? I thought the only thing Small Claims Court did was issue a Judgment against the defendant if he didn't pay the claim (approved by them). It is also my understanding that once the Judgement is granted, it is up to you to take the next step to attach his earnings or checking, savings, etc. accounts.

Correct me if I'm wrong as this information should be known by all of us.
Yep

Utica, NY

#6 Aug 3, 2010
LTU you are correct. People assume that the courts are a collection agency. The court only grants judgment. It's up to the plaintiff to figure out how to collect on that judgment.
Long Time Utican

Rome, NY

#7 Aug 3, 2010
Yep wrote:
LTU you are correct. People assume that the courts are a collection agency. The court only grants judgment. It's up to the plaintiff to figure out how to collect on that judgment.
Thank you for confirming I was right. Everyone should know this re. the procedures for bringing action against someone in Small Claims Court and who is responsible for enforcing their decisions.
julie

Cortland, NY

#8 Aug 4, 2010
It's not at all like on TV. You just meet with the judge & the other litigant in the judge's chamber. After the judge makes his ruling, he notifies both litigants by mail, not while you're in front of him.

At that point, it's up to the party that won the case to collect from the other litigant. I did this by contacting the City Marshall, who placed a garnishee on the other's wages.
Mondont

Mclean, VA

#9 Aug 4, 2010
julie wrote:
It's not at all like on TV. You just meet with the judge & the other litigant in the judge's chamber. After the judge makes his ruling, he notifies both litigants by mail, not while you're in front of him.
At that point, it's up to the party that won the case to collect from the other litigant. I did this by contacting the City Marshall, who placed a garnishee on the other's wages.
...and now...I have nothing...
julie

Cortland, NY

#10 Aug 4, 2010
Mondo!!
Mondont

Torrance, CA

#11 Aug 4, 2010
yessss'm?
John Kaminski

New Hartford, NY

#12 Oct 15, 2013
Are there any local lawyers who handle and specialize in small claims actions?? and if not ...than why not...is it because theres not enough money to be made ?? well I thought?? there should be a volentare agency of lawyers to help people w small claim action
ataloss

Wellesley, MA

#13 Oct 15, 2013
I lost a judgement. There is nothing to collect. The business went under and I'm left unemployed and broke. What's there to collect? Do I sell an organ to pay this person?
Truth

Utica, NY

#14 Oct 15, 2013
takes alot of patience wrote:
<quoted text>NO enforcement and the judges side with businesses. I won my $2500 case against a local car dealership and i'm still waiting to get paid. One judge ruled in my favor to only have another judge overturn that ruling and force another hearing but I won that also. STILL WAITING ON ENFORCEMENT ON THE RULING.
you need to take the signed, filed ruling to the Marshall. Then they will go remove money from the business based on the judgement. It's quite easy.
cnw

Holland Patent, NY

#15 Dec 9, 2013
Where is Utica small claims court located? Is there also an online web site?
turd burglars

Syracuse, NY

#16 Dec 9, 2013
City Court--next to Utica's police station--is where I picked up the small claims court paperwork. City Marshal is located near the Butterfield Station post office.
cnw

Holland Patent, NY

#17 Dec 11, 2013
Thanx turdburglars for the info.

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