Small Claims Court differences from other courts

[bj21]

What is the name of your state (only U.S. law)? NY

I recently went to file a Small Claims action in Buffalo, NY, for Breach of Contract and Fraud and was seeking damages (including punitive damages for the fraud).

At the court, the clerk takes your handwritten complaint and types it up and when she brought it back for me to sign there was no mention of my asking for punitive damages.

I questioned her about the deletion and her reply was "Our Small Claims Court is not an equity court, they do not award punitive damages. If you want to receive punitive damages you have to take your case to a higher court, where the filing fees would be much higher."

Could someone familiar with NYS law please tell me in plain english what "Our Small Claims Court is not an equity court, they do not award punitive damages" means?

Secondly, if I wanted to have Punitive Damages asked for in my complaint, what is the minimum level of court I would have to go to in Buffalo, NY (Erie County)? At that court would I need to be represented by counsel or could I proceed Pro se?

Thirdly, if I wanted to, could I withdraw my Small Claims Court case (it was filed yesterday) and refile my case at the higher court, or am I stuck?

Thanks to all who take the time to read this and respond!What is the name of your state (only U.S. law)?

 

[You Are Guilty]

Could someone familiar with NYS law please tell me in plain english what "Our Small Claims Court is not an equity court, they do not award punitive damages" means?

In plain English, it just means you can't be awarded punitive damages in Small Claims courts because they are not legally empowered to award them.

Secondly, if I wanted to have Punitive Damages asked for in my complaint, what is the minimum level of court I would have to go to in Buffalo, NY (Erie County)?

Erie Supreme. (Which actually encompasses several buildings, and I don't know if you have to file at the one on Delaware or on Franklin, so it would be best to call the Erie Clerk and ask first.)

(You can ignore this next part as it is just for informational purposes.)
Civil Court is technically the next higher court after Small Claims (and below Supreme). It has equity power, but only in very, very limited circumstances which do not apply here. Civil judges can reform contracts, order ejectments and a few other powers related to real property. That's why you would need to file in Supreme to have a chance at getting punitives.

At that court would I need to be represented by counsel or could I proceed Pro se?

You are permitted to go pro se in every court in the State. However, you will be held to the same standards and required to follow the same procedures as a licensed attorney would in Supreme Court, including pleading requirements, filing deadlines, rules of evidence, etc.

Thirdly, if I wanted to, could I withdraw my Small Claims Court case (it was filed yesterday) and refile my case at the higher court, or am I stuck?

You can voluntarily withdraw the claim yourself (as long as it wasn't filed on behalf of a minor) and file a new complaint in Civil or Supreme Court if you want. Just be sure that your Small Claims withdrawal is "without prejudice" (which means "with permission to refile")

Thanks to all who take the time to read this and respond!What is the name of your state (only U.S. law)?

Welcome. Good luck.

 

[bj21]

Dear "You are Guilty",

Thank you for your not only speedy, but very complete reply!

I thought it might take more than one reply post to get the answers to all my questions but you got it all in one shot.

I think what got me confused was watching some of the Small Claims "Court" shows on TV (and I use the word "Court" very loosely), where they pretty much do whatever they want. It seems the only thing these shows admit can't do is order Specific Performance... although some of these TV "Judges" try to bully their way even there.

I read and appreciate your ENTIRE response (including the FYI parts), and just never knew that there was so much disparity in the powers of different courts. I previously thought that the main differences between Civil Courts was the maximun damages they could award.

Thanks again for your help!!!

 

[You Are Guilty]

No problem. You can get some pro se help here: http://www.courts.state.ny.us/courts/nyc/civil/represent.shtml (it's written for NYC Civil, but it applies equally across the state. The Erie Supreme website is not nearly as informative: http://www.courts.state.ny.us/courts/8jd/Erie/supremecourt.shtml. Although some useful info can be found here: http://www.courts.state.ny.us/courts/8jd/helpctr.shtml).


Erie Supreme also has thjeir version of an "Office for Self-Represented" which is a bunch of clerks used to helping pro se litigants. I'd highly suggest you utilize their services should you elect to file in Supreme. They don't offer legal advice, but provide you with the needed forms, help you fill things out, and just generally keep you pointed in the right direction. It's on the 1st floor at the Franklin St. building right past where you walk in:

Phone: (716) 845-1816
Email: [email protected]

Good luck.

PS: "Specific performance" is a type of equitable remedy, much like punitives. So you had your answer the whole time, you just didn't know it

 

[bj21]

Dear "You Are Guilty",

It took me a while to check this forum again because you gave me my answer the first time, however, when you say I had the answer all along and just didn't know it, my (layman's) idea of "Specific Performance" was pretty much limited to the court not being able to force a litigant to do something (e.g. return an engagement ring), and that the court was only authorized to award money damages.

 

[Antigone*]

Dear "You Are Guilty",

It took me a while to check this forum again because you gave me my answer the first time, however, when you say I had the answer all along and just didn't know it, my (layman's) idea of "Specific Performance" was pretty much limited to the court not being able to force a litigant to do something (e.g. return an engagement ring), and that the court was only authorized to award money damages.

BJ,

There can be no better responder in your post. YAG rules supreme

 

[racer72]

I think what got me confused was watching some of the Small Claims "Court" shows on TV (and I use the word "Court" very loosely), where they pretty much do whatever they want. It seems the only thing these shows admit can't do is order Specific Performance... although some of these TV "Judges" try to bully their way even there.

These shows are not anything like a real court room. These shows are actually called non judicial mediation. The decision has already been decided before each show is filmed, what you see on TV is a dog and pony show and is mostly scripted. Those that appear on the show are paid for their appearance and any judgments are paid by the show's producers.