Attached is a guide to small claims and commercial small claims in the New York State City, Town and Village Courts.

pdf Small Claims Booklet City Justice 2018 (927 KB)

Judges:

Judge Michele DeCarlo
Judge Raymond Kennedy

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Justices & Court Schedules  

Court is held every Monday - 3:30pm (except Holidays) 

 

• Preliminary Jurisdiction/Arraignment – All criminal offenses 
• Trial Jurisdiction all non-felony matters involving: V & T law, Penal Law, Environmental Conservation Law and Health Law 
• Complete Trial Jurisdiction of all small claims matters, landlord/tenant issues 

Traffic Infractions 

If you receive a Traffic Ticket in the Town of Durham... 

If the offense type on the front of the ticket is a Misdemeanor, you must appear in the Town/Village Court on the date written on the ticket to be arraigned before the Justice. 

If the offense type is a Traffic Infraction, you can plead GUILTY or NOT GUILTY. 

To plead GUILTY
Fill out PART A of the Uniform Traffic Ticket. Include your current mailing address and sign it. Return the ticket to the Durham Town Court by mail, in person at the Town Building, or in person before the judge on the date of your scheduled appearance before the Court. If you mail the ticket, send it by Certified Mail, Return Receipt Requested. The Court will contact you when your plea is received and will notify you by mail if the fines and mandatory surcharge assessed. If your mailing address changes YOU MUST NOTIFY THE COURT. 

To plead NOT GUILTY
Fill out PART B of the Uniform Traffic Ticket, sign it and mail it to the Durham Town Court within 48 hours of receipt of the ticket. Send it Certified Mail, Return Receipt Requested 

You can also plead NOT GUILTY by appearing before the Court on the date specified on your ticket. 

You can request a Supporting Deposition by checking the appropriate box on the back of the ticket. A Supporting Deposition will provide you with additional information regarding the basis for the ticket. A Supporting Deposition request must be timely: within 30 days of the appearance date listed on the ticket. The Court will then order the Supporting Deposition from the Officer who issued the ticket. The Officer must provide you with the Supporting Deposition. 

Court Fees

Small Claims

• Small Claims(damages of $1,000 or less) - $ 10.00 Small Claims (damages of $1,000 and less than $3,000) - $ 15.00 
• Small Claims cases must be filed in the Town Court where the person you are suing resides. 
• SUMMARY PROCEEDINGS Summary Proceedings/Evictions - $ 20.00 

http://www.nycourts.gov/courthelp/SmallClaims/index.shtml

All payments must be made in cash, by credit card, money order or certified bank check made payable to Durham Town Court. 

Miscellaneous Civil Fees

• Transcript of Judgment $5.00 
• Certificate regarding a Judgment $5.00 
• Information Subpoena $5.00 
• Civil Case – Filing of Notice of Appeal $5.00 
  

 

COURT FAQ'S