Assisting New York Small Claims Court Plaintiffs: A Guide for Worker

Assisting New York

Small Claims Court Plaintiffs:

A Guide for Worker Advocates

National Employment

Law Project

Workplace Justice

Project

MFY Legal Services

55 John Street, 7th

Floor

New York, NY 10038

(212) 285-3025 Phone

(212) 285-3044 Fax

www.nelp.org

299 Broadway

New York, New York

10007

(212) 417-3703 Phone

(212) 417-3891 Fax

PART XIII: Terms and Definitions (cont’d)

 Notice

– notification of the lawsuit that must be sent

or delivered to the defendant.

 Serve – to have court documents such as a

subpoena or notice of a lawsuit delivered to the

defendant in person or by mail.

 Settlement – an agreement made between the

parties that cancels the need to go to court. A

settlement can be made solely between the parties or

can be made with the help of a mediator, free of

charge.

 Settlement Agreement – is signed when the parties

have come to an agreement on the damages and

have worked the problem out between themselves.

The agreement is a binding contract where the

defendant promises to pay the amount settled for.

 Subpoena – a court document used to compel a

witness to testify at the hearing or produce records.

 Third-party Action – if a defendant believes

someone else is responsible for the damages, he

may file a third-party action and bring that person into

the lawsuit.

 Transcript of the Record – a written record of the

hearing that allows an appellate court to review the

history of the case.

 Vacate – to set aside a judgment or render void. For

example, a judge may vacate a default judgment

against a party after re-opening the case.

Introduction

The National Employment Law Project (NELP) has

advocated for over 30 years on behalf of low-wage

workers, the poor, the unemployed, and other groups

that face significant barriers to employment and

government systems of support.

MFY’s Workplace Justice Project, launched in 2002,

is bridging the gap in employment-related legal

services for low-wage workers who would be unable

to access justice without our help.

This plaintiff’s guide was created with employee

problems in mind. The most common issue workers

face for which they go to small claims court is the

recovery of wages. The plaintiff’s guide also has its

counterpart - the defendant’s guide.

This guide intends to be a comprehensive and

easily accessibly guide for non-lawyer advocates

assisting workers in representing themselves in

small claims court.

This guide was created using several resources

already available at the Small Claims Court,

including the booklet A Guide To Small Claims Court

by Chief Judge Judith S. Kaye and Chief

Administrative Judge Jonathan Lippman. The

booklet contains information that applies to New

York City, Nassau County, and Suffolk County and is

available at the Clerk’s window.

This particular guide was developed for people

utilizing the New York County Small Claims Court

located at 111 Centre Street in Manhattan.

Overview To This Guide

This guide attempts to assist worker advocates with

a potential claim from start to finish, covering the

following main issues:

► Basic Information on Small Claims Court

► Out of Court Issues

► Issues for Undocumented and Non-English

Speaking Workers

► Preparing for Court

► Filing a Claim

► Preparing a Case

► The Court Date

► The Decision

► Collecting a Judgment

► Appeals

This guide also includes an Appendix with sample

forms and letters which we hope will serve as helpful

guides and provide necessary information to assist

workers.

Finally, there is a “Terms and Definitions” section

highlighting the meanings of certain relevant terms.

4 77

PART XIII: Terms and Definitions

 Adjournment – a request to postpone the date of the

hearing.

 Appeal – You may ask the court to reconsider its

decision in an appeal. You may only appeal a

Judge’s ruling, not an Arbitrator’s ruling.

 Arbitrator – usually a lawyer who hears small claims

cases and renders a decision. Arbitrator’s decisions

can not be appealed

 Calendar Call – the calling out of the names of the

claimants and defendants in a small claims

courtroom in order to determine if they are present at

the hearing.

 Claimant

(Plaintiff) – the one suing

 Counterclaim – a defendant may file a counterclaim

against the claimant if the defendant believes it is the

claimant that owes him or her money damages.

 Damages – the money the claimant sues the

defendant for.

 Default Judgment – a decision rendered in favor of

the claimant when a defendant does not appear at

the hearing.

 Defendant – the one being sued

 Mediation – where a third impartial party helps to

facilitate discussion and arrive at a settlement

between the parties. The results of a mediation are

not binding unless the parties have signed a

settlement agreement

Appendix 13

Poor Person’s Application

5 5

TABLE OF CONTENTS

PART I:

Checklist of What You Need to Know .............. 8

PART II:

Introduction to Small Claims Court ................. 9

I. Background on New York Courts...................... 9

II. What is Small Claims Court? .......................... 9

III. Who Can Bring a Case? .............................. 10

IV. Who Can Be Sued? ..................................... 10

V. What Kinds of Cases Can Be Brought?......... 12

VI. Advantages and Disadvantages .................. 13

PART III:

Issues To Consider Outside of Court............. 14

I. Alternatives to Going to Court......................... 14

A. Try to Settle ...................................... 14

B. Negotiating a Settlement ................... 15

C. Mediation............................................ 16

II. Issues Involved in Whether to Go to Court .... 19

PART IV:

Issues for Undocumented or Non-English

Speaking Workers.............................................20

I. Undocumented Workers .................................20

A. Legal Rights .......................................20

B. Identification ........................................21

C. Retaliation By Employers ....................21

II. Non-English Speakers ...................................22

A. Getting a Translator ............................22

TABLE OF CONTENTS (cont’d)

PART V:

Preparing to File a Claim ........................... 23

I. Gathering Employer Information ............ 23

II. Gathering Evidence ................................ 25

II. Watching a Case ..................................... 25

PART VI:

Filing a Claim .............................................. 26

I. Where To Go ......................................... 26

II. In Which Court to File .............................. 28

III. What to Do.............................................. 30

IV. Fees........................................................ 32

V. Requesting a Daytime Hearing................ 33

VI. Waiting for the Hearing Date .................. 34

PART VII:

Preparing a Case ........................................ 35

I. Evidence ................................................... 35

II. Documents................................................ 35

III. Witnesses ............................................... 36

IV. Subpoenas .............................................. 37

V. Suing for Damage to Property .................. 38

New York: 253 Broadway, New York, NY 10007

(212) 240-6715

Bronx: 322 East 149 St., Bronx, NY 10452

(718) 585-1551

Kings: 210 Joralemon St., Brooklyn, NY 11201

(718) 803-3091

Queens: 42-71 65 Place, Woodside, NY 11377

(718) 815-8407

Richmond: 350 St. Marks Pl., Staten Isl., NY 10301

(718) 815-8407

Nassau County: County Office Building,

240 Old Country Rd., Mineola, NY 11501

(516) 571-2113

Suffolk County: 112 Old Country Rd.,

Westhampton, NY 11977

Appendix 12

Sheriffs’ Contact Information

Appendix 11

Information Subpoena Form

PART VIII:

The Court Date ............................................ 39

I. Getting an Adjournment ............................ 39

II. Practical Information ................................ 40

III. What Will Happen ................................... 41

IV. Getting a Judge or an Arbitrator ............. 43

V. Inquests and Default Judgments ............. 44

VI. Mediation By The Court.......................... 45

PART IX:

The Decision .....................................................49

I. When and How Issued.....................................49

II. Judgments .....................................................49

PART X:

Collecting The Money ......................................52

I. Information Subpoenas....................................53

II. Collection .......................................................57

III. Other Ways to Get the Employer to Pay .......57

PART X:

Appeals..............................................................59

PART XI:

Appendix ...........................................................62

PART XII:

Terms and Definitions ......................................76

PART I: Checklist of What You Need to Know

 A small claims action is limited to $5000 or less.

 If the worker is disabled, over 65, or works at

night, you may request a daytime hearing.

 The Clerk’s office in New York City on Centre

Street closes promptly at 4:30 p.m. and is open

late only on Thursdays from 5:00 p.m. – 8:00 p.m.

 If the worker does not speak English or is in need

of a translator, the Clerk will assist you in

obtaining a translator free of charge.

 The Clerk is NOT responsible for helping to fill out

forms.

 You should arrive at least 30 minutes before the

scheduled hearing.

 Remember that this pamphlet is based primarily

upon the Small Claims Court of New York County

which is located on 111 Centre Street. Other

courts may vary and you should sit in on a session

in that court to familiarize yourself with how it

works.

Appendix 10

Sample Post-Judgment Letter

Appendix 9

Notice of Judgment

PART II: Introduction to Small Claims

Court

I. Background on New York Courts

The New York State court system is made up

of multiple divisions. Among these are the

Appellate Division (New York’s highest court) and

the lower trial level courts, which includes the

Supreme Court. Also on the trial level, New York

City has a Criminal Court and a Civil Court.

The Civil Court hears any civil matter (i.e. not

criminal) in which amounts up to $25,000 are at

issue. (Any case involving more than $25,000 is

heard in the New York Supreme Court). The Civil

Court has three parts: the Small Claims part, which

hears claims involving $5000 or less; the Housing

part, involving landlord-tenant disputes; and the

Civil Court, which generally hears cases between

$3000 and $25,000.

APPELLATE DIVISION

CRIMINAL

COURT

CIVIL

COURT

SMALL CLAIMS

(less than $5000)

HOUSING CIVIL

COURT

($3000-

$25,000)

SUPREME

COURT (over

$25,0000)

II. What Is Small Claims Court?

The Small Claims part of the New York City

Civil Court is a more informal court that hears

cases involving claims for $5000 or less.

Although parties are allowed to have a lawyer

present if they wish, this court is especially set up

to be friendly to those who represent themselves.

III. Who Can Bring a Case?

To bring a case in small claims court, one

must 18 or older. If the worker is under 18 year

old, a parent or guardian can sue on his or her

behalf. Only individuals, not corporations or other

business associations, can bring cases in small

claims court.

The person bringing a case is called a

“claimant” (or “plaintiff” in other courts).

IV. Who Can Be Sued?

The person who is sued is called the

“defendant.” There can be more than one

defendant in a claim.

Any individual who lives in New York can be

sued here. Corporations and businesses can

also be sued in small claims court (but they

cannot bring claims in small claims court).

Appendix 8

Subpoena to Testify

Appendix 7

Subpoena for Records

• If a worker owns a corporation,

partnership, or business association and

wants to bring a claim on behalf of the

business for up to $5000, he or she must

go to the Commercial Claims Court. The

clerk at the small claims court can give

you a pamphlet on the Commercial Claims

Court.

If the worker wants to sue a government

agency, different rules apply. Go to the clerk at

the Civil Court (either small claims or civil court

part) and ask for the pamphlet of instructions for

filing actions against government agencies.

• If a worker want to sue a government

agency—city, state, or federal—there are

specific rules for what you have to do and

when you have to do it. You have to give

the agency “notice,” and the rules vary on

how and when to do so.

• For a New York City agency, you have to

give it notice of the claim within 90 days

after the time the claim arises. If you do

not notify the City within 90 days, the claim

may be dismissed.

• Be sure to pick up the instructional

pamphlet for more details.

V. What Kinds of Cases Can Be Brought?

Only cases for money can be brought in small

claims court, and only those which are for $5000 or

less. If a worker wants to recover more than

$5000, or if he or she is seeking other kinds of

relief (e.g. to have the court force someone to take

an action or stop an action), then he or she must

proceed in a different court.

See Page 9, Background on the

New York Court System.

• Civil Court: 111 Centre Street. The clerk’s

office is located in Room 118. Civil Court

takes cases for amounts over $5000 and

up to $25,0000.

• Supreme Court: 60 Centre Street. Ask the

guard for directions to the Office for the

Self-Represented. This is the “pro se”

office to assist those who are representing

themselves in Supreme Court.

If the worker’s claim is for more than $5000

but he or she does not want to go to a different

court, he or she may decide to forego the amount

over $5000 and just sue for $5000 in small claims

court. If the worker does this, he or she must

know that he or she gives up forever his or her

right for that additional amount over $5000.

Appendix 6

General Affidavit Form

Appendix 5

Court Fee Schedule (as of 7/14/03)

Small Claims up to $1000 $15.00

Small Claims over $1000 $20.00

Commercial Claims $29.79

Additional mailings for com-

mercial claims (adding another

defendant)

$4.79

Wage Claim ($300 or less,

wages only)

$4.79

Counterclaims (with postage) $5.37

Transcript of Judgment $15.00 (plus $25.00 at 60

Centre Street)

Certificate of Disposition or

Certified Copy

$6.00

Information Subpoena $2.00

Exemplification (to file judg-

ment in another state)

$10.00 in room 118

Jury Demand $70.00

Notice of Appeal $30.00

Undertaking on Jury Demand* $50.00

Undertaking on Appeal* Full amount of judgment

* All undertakings to be paid by

certified check or money order

made to the ‘NYC Dept. of Fi-

nance

VI. Advantages and Disadvantages

Advantages to Small Claims Court

The main advantage to small claims court is

that it is less formal than other courts. The

Court is not bound by as many of the rigid and

complicated rules of procedure or evidence that

apply in other courts. New York law says that the

small claims court must conduct hearings in order

to “do substantial justice between the parties

according to the rules of substantive law,” and

therefore is not bound by all of the rules that

apply in other courts. This means that while

some rules apply, one is not expected to know or

follow all the complicated rules with which

lawyers are more familiar.

Disadvantages to Small Claims Court

One disadvantage is the dollar limitation

($5000).

Another is that cases can only be brought for

money, not any other kind of relief.

In bringing a small claims case, the claimant

waives his or her right to a jury. Any party

other than the claimant, such as the defendant,

can demand a trial by jury.

The claimant also waives his or her right to

appeal, except on the ground that substantial

justice was not done between the parties.

See Page 59, Appeals.

PART III: Issues to Consider Outside of

Court

Filing a claim can be time-consuming and

costs money, therefore it should be a last resort. A

worker may be able to resolve his or her dispute

informally. The following are steps one should take

before suing, in order to resolve one’s dispute or to

prepare for one’s case if one does file a claim.

I. Alternatives to Going to Court

Make a Demand and Try to Settle

If a worker has a problem with his or her

employer, you should consider writing a letter to

the employer that puts into writing the issues

raised. For example, if the employer owes wages,

you could write a simple letter stating how much

the worker is owed and why he or she is owed that

amount (e.g. explain dates and hours worked, how

much money received so far, how much still owed,

etc.).

Attached as Appendix 1, p. 63, is a sample

demand letter for wages. You may adjust

it to suit the facts of the case. In the letter

you can ask to resolve the matter informally,

so that all parties may avoid going to court.

Similarly, if a worker is sued or about to be

sued, you might consider writing a letter to the

employer, explaining the worker’s side of the issue

and stating that he or she is interested in resolving

the matter without having to go to court.

Appendix 4

Claim Form

Other Court Locations

• Harlem − 170 East 121

St., New York, NY 10035;

(212) 828-7558

• Midtown Court − 314 West 54

St., New York, NY

10019 ; (212) 484-2711

• Bronx − 851 Grand Concourse, Bronx, NY 1120;

(718) 590-2694

• Kings − 141 Livingston St., Brooklyn NY 11201;

(718) 643-7914

• Queens - 89-17 Sutphin Blvd., Jamaica NY 11435;

(718)262-7123

• Richmond − 927 Castleton Ave., Staten Island NY

10310; (718) 390-5421

Appendix 3 (Cont’d)

Street Map, Directions, Locations

If you are not able to resolve the matter

informally, having a letter clearly stating the worker’s

side of the story is always helpful in court.

Negotiating a Settlement

You may wish to negotiate a settlement in order

to resolve the problem without having to take the time

and pay the expense of going to court. If you discuss

the problem with the employer, you may find that he

is willing to pay part of the amount of money the

worker is owed. If they discuss the matter, the

employer may be willing to pay more or the worker

may be willing to accept less, in order to resolve the

problem. You can also set up a payment plan, for

example $1000 per month for three months, that may

make it easier for the employer to pay.

If the parties come to an agreement, they

should sign a “settlement agreement,” which is a

binding contract. That means that if the employer

does not pay the amount he promises to pay, the

worker has a contract that can be enforced in court. If

the amount promised is for $5000 or less, then the

worker can enforce the contract in small claims court.

Attached as Appendix 2, p. 64, is a sample

settlement agreement that can be adjusted

to suit the facts of a case.

Mediation

What Is Mediation?

Another option to resolve a case informally is

mediation, in which the worker and employer meet

with a neutral third party, the mediator, who helps

them try to negotiate an agreement. These

individuals are professionally trained in how to

facilitate negotiation between parties, by helping

each side discuss his or her story and identify his

or her needs or desired outcomes.

Where To Go

There are free mediation services provided

throughout New York, including the following:

Manhattan Mediation Center:

(212) 577-1740

Washington Heights-Inwood Coalition:

(212) 781-6722

Brooklyn Mediation Center (downtown)

210 Joralemon Street

(718) 834-6671

Mediation Center - Redhook

88 Visitation Place

(718) 923-8200

New York County

• 111 Centre St. Room 322, New York, NY 10013

• (212) 374 –5779

 Subway Directions

: Take the JMZ, 6 or NRQW to

Canal Street. From the JMZ walk south on Centre Street

to 111. From the 6, walk south on Lafayette Street to the

other entrance of the Small Claims Court at 75 Lafayette.

From the NRQW walk south on Broadway to White and

walk east to Lafayette. Continue south to 75 Lafayette.

The building is located between Franklin and Leonard.

 Bus Directions

: Take the M1 which goes East on

Worth and then north on Centre Street and get out

between Franklin and Leonard Street. Coming south on

the B51 down Lafayette, get out at Franklin Street and

walk south.

Appendix 3

Street Map, Directions, Locations

Appendix 2

Sample Settlement Agreement

Information on Mediation Services

Costs: There are no costs or fees for

engaging in mediation. A plaintiff or defendant can

contact the mediation center who will then make a

request to appear at the mediation to the other

party. Both parties may also go to the center as

walk-ins.

Confidentiality : The entire process is

confidential and records are kept sealed.

Immigration Status: There is no inquiry into

a person’s immigration status, nor is there any

request for identification.

Translators: If you require a translator, the

mediation center will arrange for one to be present

at the mediation for you, free of charge.

Mediation & Mediators: The mediation

process is not binding; however, if both parties

agree to a binding written agreement, it will be

enforceable.

The person handling the mediation is often

not a lawyer, but is trained in mediation

intensively by the center.

Mediation services in Manhattan and

Redhook deal with many employment and labor

issues. The Manhattan center is designated as

the mediator for the New York Department of

Labor.

Disadvantages of Settlement/Mediation

Trying informal resolution before filing a claim

does let the employer know that the worker is

considering filing a claim against him or her.

Sometimes workers are afraid that their employers

will retaliate (take negative action) against them for

asserting their rights.

Although it is illegal for an employer to do,

there is always a risk, however small, especially if

the worker is undocumented.

• If one is fairly sure that his or her employer

may retaliate against him or her, one may

not want to try mediation or informal

settlement, but instead file in court right

away. That way, one has an official court

record that one tried to assert his or her

legal rights, if the employer does end up

trying to retaliate.

Appendix 1

Sample Demand Letter for Wages

PART XII: APPENDIX

Appendix 1: Sample Demand Letter for Wages ..... 63

Appendix 2: Sample Settlement Agreement .......... 64

Appendix 3: Street Map, Directions, Locations ...... 65

Appendix 4: Claim Form .......................................... 67

Appendix 5: Court Fee Schedule ............................ 68

Appendix 6: General Affidavit Form ....................... 69

Appendix 7: Subpoena for Records ........................ 70

Appendix 8: Subpoena to Testify............................. 71

Appendix 9: Notice of Judgment ............................. 72

Appendix 10: Sample Post-Judgment Letter ......... 73

Appendix 11: Information Subpoena Form ............ 74

Appendix 12: Sheriffs’ Contact Info........................ 75

Appendix 13: Poor Person’s Application ............... 76

Note About the Appendix

Please note that these forms have been

scanned from the originals and are available at the

Small Claims Court.

These forms can be found in the Clerk’s office

at 111 Centre Street, in room 322.

Please also be aware that these forms are sub-

ject to change and may differ depending on your lo-

cation.

II. Issues Involved in Whether to Go to Court

One should think seriously about whether or

not to pursue a case in court. Unfortunately, even if

the worker knows he or she is right, there is no

guarantee he or she will win his or her case. And,

even if one does win, there is no guarantee that the

employer will pay up.

Here are some issues to think about when

deciding whether it is worth it to go to court:

• Time involved in preparing a case, filing a

claim, and going to court

• Money involved (court fees, etc.)

• How strong the case is

• Whether the employer is solvent - in other

words, does the employer have money to

pay up if the worker wins?

• Would the employer obey a judgment and

pay, or would the worker have to put in the

time, effort, and money into enforcing a

judgment?

These issues are not meant to discourage

anyone from going to court, but rather to encourage

one to think about them in deciding what to do and

in thinking about alternatives to court.

PART IV: Issues for Undocumented or

Non-English Speaking Workers

I. Undocumented Workers

Legal Rights

An undocumented worker is still entitled to

assert his or her legal rights. Under New York law,

an undocumented immigrant has every right to

access the court system. There has been a lot of

misinformation about Hoffman Plastics

, the

Supreme Court’s decision which restricted back

pay recovery under the National Labor Relations

Act (the law that protect workers’ union activity).

However, that case does not affect an

undocumented immigrant’s right to recover wages

for work already performed. Liu v. Donna Karen

Int’l, Inc., 207 F. Supp. 2d 191 (S.D.N.Y. 2002).

If either the employer or the judge tries to ask

about immigration status, tell them that it is

irrelevant! You can cite the above case – Liu v.

Donna Karen International – and explain that

courts in New York have found that immigration

status is irrelevant to whether one can use the

courts and whether one can recover wages for

work performed. Never

disclose immigration

status.

Employer Appeals

If the employer appeals, he or she is required

as a defendant to pay the court a “bond” or

“undertaking,” (money paid to the court to guarantee

payment of the judgment if he or she loses the

appeal).

If the employer does not pay that money to the

court when he or she appeals, then you can start

collecting the judgment right away.

If you receive notice that the employer has filed

an appeal, you can call the clerk to find out if a bond

or undertaking was paid. If it hasn’t, then you can

start collecting.

Be advised that if you collect and the employer

wins on appeal, the worker may have to return the

money and possibly other damages. You and/or the

worker should speak with an attorney before

pursuing such a matter.

Filing the Appeal

If the worker decides to appeal, he or she must

file within 30 days

after the judgment is entered.

He or she must file a Notice of Appeal and pay

a fee of $30. The worker must also pay $15 for a

transcript, and then an additional $25 at 60 Centre

Street.

See the Small Claims Clerk for information and

forms.

Applying for a Fee Waiver

If the worker cannot afford to pay the costs for

appeal, he or she may apply to the court to have the

court costs waived.

This is called “a poor person’s application.”

See Appendix 13, p. 76 for a sample

“Affidavit in Support of an Application to

Proceed as a Poor Person.”

Identification

Do not be concerned about needing official

identification to access the courts. One does not

need to show I.D. Even though you will have to

pass through security to get inside the court

building, they will only check bags and will not ask

for I.D.

Retaliation by An Employer

If you are concerned that the employer might

try to retaliate against a worker for filing a claim

against him or her, then you may want to think

about whether to go forward with the case or not.

It is illegal for an employer to retaliate (take

negative action) against a worker for having

asserted one’s legal rights. Although employers

often threaten calling the INS (now known as the

Bureau of Citizenship and Immigration Services),

they usually do not; if they call the INS to report an

undocumented employee, then they might be

admitting to the INS that they broke the law in

hiring undocumented workers. However, the risk

always exists.

One should not be discouraged from asserting

one’s rights; just be aware of the potential

advantages and disadvantages.

II. Non-English Speakers

Those who have limited English proficiency will

face some challenges accessing services in small

claims court. The court does provide translators for

hearings. Nevertheless, a limited English speaker

should bring an English speaker with him or her for

the following reasons:

• Court forms and signs are all in English.

The clerk’s office can sometimes provide

translation to Spanish, Cantonese, and

Mandarin, but it is not guaranteed they can

help fill out forms.

• Translators are not provided at court until

the parties begin mediation, arbitration, or

the hearing. Important instructions are

given in the courtroom before the

hearings, only in English.

Translators

The court does

provide translators for

hearings. Workers must request a translator when

they file their claim. The court will then schedule

the hearing for a night on which they have

available a translator for whichever language is

needed.

Translators can also be appointed for

witnesses, if necessary.

PART XI: Appeals

Only a judge’s decision, not an arbitrator’s, can

be appealed. Even where a party has the right to

appeal, there are various factors to be considered

before deciding to pursue an appeal:

• Costs: The worker will have to incur

additional court fees, and possibly pay for

an attorney. He or she may be able to

have his or her fees waived (See Page 69

on applying for waiver), but will likely incur

other costs anyway (attorney, time off work,

etc.).

• Likelihood of Success: In reviewing a

case, the court will only look at whether

“substantial justice” was done between the

parties. This is not a high standard to

meet, and it means that the court will not

overturn a case on a technical mistake.

• Getting an attorney: Because an appeal

will take place in a more formal court, a

worker may want to get an attorney to

assist him or her in the appeal. Sometimes

attorney fees can end up costing more than

the small claims judgment.

Business License:

If the claim relates to the employer’s business

(e.g. he owes wages for work done for the

business) and the business is licensed or certified

by a state or city authority, you may be able to get

his license suspended or revoked.

If the employer hasn’t paid the judgment within

35 days after notice was received, then you can

contact the licensing authority and see if they will

take action.

Many kinds of businesses are required to be

licensed by the NYC Department of Consumer

Affairs (http:home.nyc.gov/html/dca). You can be

connected to their office by dialing 3-1-1.

An operator will get your information and a

complaint will be sent to your address. They can

also provide you with information as to what kinds of

businesses they license.

Their address is 41 Broadway, 9

Floor, NY,

NY 10004.

Contacting the Attorney General

If the business is engaged in fraudulent or

illegal conduct, the worker has the right to notify the

Attorney General. Contact their office at (212) 416-

8000 for more information.

PART V: Preparing to File a Claim

I. Gathering Employer Information

One should try to gather as much information on

the employer’s business as this stage as possible.

Try to get the legal (official) name, address, and

phone number. The legal name might be a little

different than the name by which the workers know

the business. For example, the legal name of “John

Doe’s Pizza” might be “John Doe’s Pizza Company,

Inc.” You will not need to use the legal name in

order to file a claim, but it will make collecting a

judgment against the business easier in the end.

See Page 52, Collecting The Money.

Finding the Legal Business Name

Every business in New York is supposed to

proprietorships (which means a small business

owned by one person) are supposed to register

their business names (if the person does business

by any name besides his given name) with the

County Clerk. Partnerships are also supposed to

This means that you can contact the County

Clerk to find out the legal name of a business, which

will be helpful later on if you have to collect the

judgment.

Below are addresses and phone numbers for

the County Clerk in each county in New York City:

Manhattan: (212) 374-8314

Supreme Court Building,

60 Centre St., Room 109, New York, NY

10007

Bronx: (718) 590-3742

851 Grand Concourse, Room 108,

Bronx, NY 10451

Brooklyn: (718) 643-8012

Supreme Court Building,

360 Adams St., Brooklyn, NY 11201

Queens: (718) 520-3704

88-11 Sutphin Blvd., Room 189,

Queens, NY 11435

Staten Island: (718) 390-5389

18 Richmond Terrace, Room 103,

Staten Island, NY 10301

Other kinds of business, such as corporations,

are required to file with the State of New York. You

can search for their business records on-line at

www.dos.state.ny.us or call 1-900-835-2677.

II. Collection

Once you have information on where the

employer’s assets are, you can get an enforcement

officer to seize the assets to pay off the judgment.

You can hire either the Sheriff (who is employed

by the county) or a City Marshal (who is

independent).

For a list of marshals, either check the telephone

book or get a list available at the Small Claims

Office.

III. Other Ways to Get The Employer Pay

There are other ways to influence the employer

and get him or her to pay. This guide does not

cover them all.

They include seizing real estate and

suspending the employer’s driver’s license (if the

judgment is based on his ownership or operation of

a car).

See the Guide to Small Claims Court

available

in the court clerk’s office for more details.

The following is some information on other

ways to pressure an employer to pay.

See Appendix 12, p. 75 for contact

information for the Sheriff of different

counties.

Copying and Serving the Subpoena

Be sure to photocopy the first

two pages of the

Information Subpoena. You do not need to copy

the third page.

You need to mail the Information Subpoena by

certified mail, with return receipt requested. The

worker cannot mail (or “serve”) the subpoena him or

herself; rather, someone else who is 18 or older

must mail it and fill out an Affidavit of Service.

The third page is the Affidavit of Service.

Instructions for the Person Serving

The person who mails the subpoena must send

a photocopy

of the top page, a photocopy of the

second page, and the original second page.

Then, he or she must fill out the Affidavit of

Service and get it notarized.

Then, he or she must give the Affidavit to the

Judgment Creditor (the worker). You or the worker

may wish to keep an extra copy of all the

documents, but at the very least you or the worker

should have in your or his possession the original

top page and the Affidavit of Service.

Keep these documents in a safe place.

II. Gathering Evidence

It’s a good idea to start collecting evidence as

soon as possible, rather than waiting until you file

the case.

Start thinking of who you might want to be a

witness, especially if you might have to subpoena

them. Find out their addresses.

Also, trying to gather evidence now will give you

a sense of how strong the case is, whether you

think the employer would pay up even if the worker

does win, and whether you should go ahead with

the case.

III. Watching a Case

Advocates and workers should sit in on a court

session prior to filing their case. The courtroom is

open to the public, so one can sit in and watch how

everything works before the hearing actually

happens. It may help you figure out what kind of

information and evidence you need prior to

beginning your case.

See Page 35, Preparing Your Case -

Evidence, for examples of the kinds of

evidence you want to collect.

See Page 36, Preparing Your Case -

Witnesses

PART VI: Filing a Claim

I. Where To Go

The following information applies specifically to

the Manhattan Small Claims Court.

To file a claim in Manhattan, go to the clerk’s

office at the Small Claims Court, located at 111

Centre Street. There is an entrance at 111 Centre

Street as well as at 75 Lafayette.

In the area there are other court buildings,

including the Supreme Court and the federal

courthouse. Just make sure you go to 111 Centre

Street.

When you enter, you will have to pass through a

security check – a metal detector that you walk

through and a baggage x-ray. You will not need to

show I.D. or explain why you’re there.

See Appendix 3, p. 65 for a street map

Filling Out the Subpoena Form (Cont’d)

If you know the name of the bank where the

employer has money, you can put the name of the

bank in the section where it says “TO:___,” the

person to be examined or restrained.

The bank will then have to “restrain” or withhold

an amount of money in the account up to twice the

amount of the judgment.

After the bank holds the money, then you must

ask a Sheriff or Marshal to go collect the money for

you.

For a list of marshals, contact the court clerk or

check your phone book.

The second page of the form is Questions and

Answers.

Be sure the sections asking for information from

you are complete (speak with the clerk for

assistance). The recipient will have to answer the

questions included and send the form back to you.

The answers may help give you more

information about where the employer has money or

other assets against which you can collect the

money.

See Appendix 12, p. 75 for a list of

contact information for sheriffs.

Information Subpoenas

(Cont’d)

You have to get a separate subpoena for each

party you wish to serve. There is a fee of $2 per

subpoena.

You must go to the court in which the trial was

held (not necessarily where you filed) to get the

information subpoena form.

Filling Out the Subpoena Form

See Appendix 11, p. 74, a sample

Information Subpoena form.

First, complete the top page of the form.

Where it says “To: ___, the person to be

examined….,” write in the name of the bank,

company, person, etc. to which you are sending the

form.

Look at the Notice of Judgment form to fill in the

spaces for the date of the judgment, the parties, and

the amount.

Although the clerk cannot advise you to whom to

send the form or give you legal advice, he or she

can assist you in filling out the form. Just be sure to

bring your notice of judgment with you. He or she

can answer questions about the form and what

information is needed for you to complete it

properly.

The clerk’s office for small claims is located in

Room 322, on the third floor. When you get off the

elevators, take a right down the hall and the office is

on your right hand side.

There are various signs in the clerk’s office, some

in Spanish, which can provide some information.

The clerk’s window will be directly in front of you.

Enter the line to the left. You will see the forms to

file a claim in a wooden box to the left of the clerk’s

window.

Make sure you fill the forms out before you

approach the clerk. They can only answer

questions, but are not there to fill out the form for

you.

II. In Which Court to File

In order to file a claim in the small claims court

for New York City, the defendant must either live,

work, or do business in New York City. Each county

in New York City has its own small claims court.

If the worker lives in New York City, then he or

she is allowed to bring his or her case in whichever

borough her or she wants.

• This is a fairly new rule. The old rule was

that one had to file one’s case either

where one lives or where the defendant

lives, works, or does business.

• Because this rule is new, you might find

that the court clerk still wants to follow the

old rule. If you encounter that, you may

wish to speak to the clerk’s supervisor.

If the worker does not live in New York City,

then you can only bring the case where the

defendant lives, works, or does business.

• For example, if the worker lives in

Brooklyn, and the employer lives in

Queens and his business is in Manhattan,

you can bring the case in any

of the five

boroughs. However, if the worker lives in

Nassau, you can only bring the case in

Queens (where the employer lives) or

Manhattan (where he works).

I. Information Subpoenas

The first step in enforcing a judgment will be to

get information on the employer’s assets (anything

of value that the employer owns, including bank

accounts, property, etc.). If you do not have

information on the assets, but believe that someone

else may, you can get an “information subpoena”

from the court requiring that individual or institution

give you the information.

You can send an information subpoena to

anyone you think may have information on the

employer’s assets. You especially should think of

places that would receive checks from the employer

since they would have information on where he or

she banks and his or her checking account.

This may include

• utility companies

• landlords

• banks

• other companies with which he does

business.

If the employer ever paid the worker by check,

you should be able to find information on the

employer’s bank on the check itself.

PART X: Collecting The Money

If the defendant (Judgment Creditor) ignores

the judgment and does not pay the money he or

she owes, after 30 days you can try to “collect” the

judgment.

This involves trying to get the money owed

directly from the employer’s own money or

possessions.

There is information on collecting the judgment

on the Notice of Judgment received from the court.

The judgment is valid for twenty years, meaning

that you have up to twenty years to try to collect on

it while it is a legally enforceable document.

What follows is information on how to collect a

judgment, focusing on the following:

• Information Subpoenas

• Collection

• Other Ways to Get the Employer to Pay

Community Courts in Manhattan:

There are two community courts in Manhattan,

besides the main one at 111 Centre Street. There

is one in Midtown and one in Harlem.

Midtown: 314 West 34th Street

(212) 484-2711

Harlem: 170 East 121 Street

(212) 828-7558

If you would like to have the case heard in one of

those courts, you still need to go to 111 Centre

Street to file the case.

When you file, tell the clerk you would like to

have the hearing at the other court (either Midtown

or Harlem).

III. What To Do

Statement of Claim

Once at the clerk’s office, the worker needs to

pick up and fill out a Statement of Claim form.

See Appendix 4, p. 65 for a sample form,

“Small Claims Part, Statement of Claim”

Fill out the Statement of Claim form completely.

It asks for information about the claimant/worker

(name, address, etc.) and the defendant/employer.

It is necessary to have the employer’s address

so that the court can send a notice of the claim to

the employer. You cannot use a P.O. Box for the

defendant’s address. You must use a street

address.

If a worker is suing the employer’s business, you

should try to use the legal business name.

Make sure you list the employer’s business as the

defendant, not just the employer as an individual.

One may list both, if one has a claim against the

business and him or her as a person.

See Page 23 on finding the legal business

name.

Canceling the Judgment

If the employer did not show up to the hearing

and a default judgment is issued against him or her,

he or she may still be able to reopen the case.

The defendant has to apply in writing to the

court and give the judge a reasonable excuse for

not showing up to the hearing. The judge reviews

the request and might “vacate” (set aside) the judg-

ment. Then, you will have to go through another

hearing (retrial), as if the first never happened.

Paying the Judgment

The Judgment Debtor has 30 days after he or

she received the judgment to pay.

If the defendant does not pay, you will have to

“collect” the judgment.

See Page 57, Collecting the Money

If You Win

If you win the claim for money, the worker is

known as the “Judgment Creditor.” The defendant

is known as the “Judgment Debtor.”

After the decision is issued, a Notice of

Judgment is sent to the defendant letting the

defendant know how much he or she owes the

worker.

Hopefully, he or she will promptly pay the

money the court has ordered him or her to pay. If

not, he or she may try to cancel the judgment or just

ignore it.

Write a letter to the defendant (or his attorney,

if he has one) demanding he or she pay, and

include with it a copy of the judgment. Keep a copy

of your letter for yourself as well.

See Appendix 10, p. 73 for a sample post-

judgment letter.

The form also includes a section on information

about the claim. The worker needs to include the

amount of the claim and the date of the “occurrence

of the transaction.”

• For example, if the employer owed $500

for work done on June 1-3, 2003, write

those dates down.

You will also see boxes to check off the kind of

claim the worker has, such as

• “Failure to pay salary”

• Failure to pay for services rendered

• Bounced checks

If the claim does not fit any of the listed

categories on the form, there is a line for “Other.”

You can write in a short description of your claim on

that line.

Once you complete the Statement of Claim

form, and date and sign it, bring it to the clerk.

• Be sure to tell the clerk then if you need a

translator.

Filing By Mail

If the claimant does not live in New York City,

he or she may file the claim by mail. Call the Small

Claims Clerk and he or she can send the necessary

forms.

IV. Fees

The filing fee depends on the amount and type

of the claim:

• If the worker has a wage claim for $300

or less, the fee is $4.79. This fee applies

only to wage claims, and only those that

are $300 or less.

• If the worker has a claim for $1000 or

less, the fee is $15.

• If the worker has a claim for $1000-$3000,

the fee is $20.

The cashier closes promptly at 4:30 (even if

you are still standing on line!), so be sure to get

there early. In Manhattan, the cashier is also open

on Thursdays from 5-8 p.m.

You can pay with cash (exact change), money

order, or certified check.

See Appendix 5, p. 68 for the Court’s Fee

Schedule (listing all court costs).

PART IX: The Decision

I. When and How Issued

After the hearing, the court will mail to the worker

and the employer a “Notice of Judgment.” The

judgment is the court’s decision on who won the

case, and if the claimant won, how much the

defendant owes him or her. The court may send this

anytime within a few days to a few weeks after the

hearing.

If the claimant wins, the judgment usually

includes the amount owed, plus the costs for

bringing the claim (the filing fees) and one collection

attempt by a sheriff or marshal. (See Page __ on

Collecting Your Money).

II.

Judgments

If You Lose

If you lose the case, the worker may have a right

to appeal. If the case was heard by an arbitrator, the

worker cannot

appeal. If the case was heard by a

judge, he or she does have the right to appeal.

See Appendix 9, p. 72, for an example of a

Notice of Judgment Form.

See Page 59, Appeals.

Evidence

It is the employer’s responsibility to keep

records of the worker’s hours and wages paid.

If you can show that the employer did not keep

proper records, then the law says that if you show

approximately the hours worked and the wages

owed, then the burden on the employer is greater.

He or she has to show either the hours actually

worked (which is hard, without records) or that the

judge should not believe the worker’s testimony.

Basically, what this all means is that if the

employer did not keep proper records of the

worker’s hours and wages, then the court should

believe what the worker says he or she worked and

is owed, unless the employer can prove that the

worker is wrong.

• This rule comes from a Supreme Court

case, Anderson v. Mt. Clemens Pottery Co.

328 U.S. 680 (1946).

Other Trial Details

The trial will go by quickly, as the whole thing

may only take 15 minutes depending on how

complicated it is.

Be advised that the judge will not give you her

decision that night but rather will mail it later.

V. Requesting a Daytime Hearing

Small Claims Court sessions usually occur in the

evening, starting at 6:30 p.m. If the worker is a

senior citizen (65 years or older), disabled, or works

during the evening, you can have the clerk schedule

the case for a daytime session.

If the worker works in the evening, then let the

clerk know this and she will give you a form –

“Affidavit in Support of an Order to Show Cause.”

The clerk will likely ask for an affidavit (which means

a sworn statement) to prove he or she work sin the

evening.

The clerk has a general affidavit form in which

the worker writes his or her name, where he or she

works, and what schedule he or she works, and

swears to the truth of the statement. Ask the clerk

what further information she needs.

See Appendix 6, p. 69 for a sample

General Affidavit Form.

VI. Waiting For Your Hearing Date

Once you have filed, you have to wait to

receive the notice of the hearing date. You should

get the date within about a month.

The court will send the notice to the defendant

(the employer) by mail.

If the post office cannot deliver the notice (e.g.

defendant moved without giving a forwarding

address) after 21 days, then the clerk will give the

worker another hearing date and the worker will

have to “serve” the notice personally.

• This means that someone must personally

deliver the notice to the defendant.

• This person cannot be a party to the claim

(e.g. the worker) and must be 18 or older. A

friend, relative, or advocate can deliver it for

the worker.

The worker has four months to deliver the

notice before the claim will be dismissed.

• If after four months you were not able to

serve the notice, then you can file the claim

again when you learn where the defendant is.

VII. The Trial

If you requested to have the case heard by the

court and were unable to settle the case through

mediation, you are given another court date in the

future.

The parties must return on that date. You need

to show up on time (court starts at 6:30, but you’re

recommended to arrive at 6:00) to ensure you are

there for calendar call, but you will have to wait

while the court first hears motions.

Once the case is called, follow the bailiff’s

instructions as to where to sit. The bailiff will direct

the parties to a table in front of the judge.

First the bailiff will have the worker and the

employer stand to “swear them in.” Then, parties

are asked to give their names and addresses

Presenting the Case

The worker/claimant will be asked to present

his or her story first.

Be concise and focus on the most relevant and

important details. You will only have a few minutes

to explain the worker’s side, so you want to be as

clear as possible. The judge may ask questions

along the way to clarify or get more information.

If you have any documents to hand to the

judge, you need to hand them to the bailiff (not to

the judge directly).

Mediation By The Court (Cont’d)

A worker should not feel intimidated to try

mediation if he or she does not have an attorney but

the employer does. Mediators are used to working

with parties who do not have attorneys and are

trained to conduct mediations so that both sides feel

they are being heard. The whole process is very

informal. In fact, in Manhattan parties are likely to

meet with the mediator just in the courthouse

hallway. If a party has any questions about the

mediation process, he or she should feel free to ask

the mediator.

If a worker needs a translator, the court will

provide one for mediation. Parties must be patient

where a translator is involved, as the process is

likely to take longer.

Parties do not have to accept any outcome of

mediation. The mediator will take the time – whether

a few minutes or a few hours – to try to settle the

case. However, if both parties do agree to a final

solution, each of you is bound legally to comply with

the agreement.

Note

: Many of the mediators are law students.

Therefore, mediation does not occur as

frequently during the summer months.

PART VII: Preparing A Case

It is very important to prepare for the hearing.

The hearing will be short, so you want to make sure

you have all the information and papers you need,

ready to go.

I. Evidence

Both the worker/claimant and the employer/

defendant will be put “under oath,” meaning that

both parties swear to tell the truth. This means that

the judge will be faced with two people, telling

different stories, both of whom swear they are telling

the truth. That is why it is so important to try to

have any additional evidence (documents and

witnesses) that will support the worker’s story.

II. Documents

Make copies of all documents. Bring an extra

copy for the court and for the defendant. Just in

case, you may want to bring 2-3 copies of all

papers.

Example: If a worker is bringing a claim against

his or her employer, then examples of the kinds of

documents one should bring (if possible) are

• pay stubs, pay checks, or anything that

would show how much the worker was paid

• time cards, calendars or anything on which

a worker may have noted his or her hours

• receipts or invoices, or anything that shows

that the worker did work for this employer

III. Witnesses

Witnesses can also be helpful to support a

case, especially if the worker does not have any

documents to support his or her case.

Example: If the worker is bringing a wage

claim, you could bring a co-worker to testify that the

worker did work there and testify to the hours

worked.

• Note: Co-workers, especially if they still work

for the employer, may be nervous about

testifying. You should let them know that the

law prohibits an employer from retaliating

against an employee for testifying on behalf of

a co-worker.

• See e.g. 29 U.S.C.A. § 215(a)(3) (Fair Labor

Standards Act prohibits retaliation against

employee who testified or is about to testify in

a case related to a violation of the FLSA - the

federal wage payment law.

VI. Mediation By The Court

If you request that a case be heard “by the

court,” in most instances the judge will ask both

parties to try mediation. The parties immediately

will meet with a trained mediator that night.

Parties are not required to go through court

mediation. However, it is advisable to try mediation

for many reasons:

• Parties will not receive a court date to see

the judge for a while - at least a month or

two - so if parties go through with mediation,

they may be able to resolve their case that

night and avoid returning.

• Mediators focus on trying to resolve the case

so the parties can avoid going through a

hearing and so that both sides come out with

a solution they agree with (whereas with a

trial there is only one winner).

• Mediation can provide for more creative

solutions to the problem, whereas a judge

might stick more to the law or a more

traditional solution.

Getting A Judge Or An Arbitrator (Cont’d):

• An arbitrator is even less formal than being in

front of a judge in her courtroom.

• Arbitrators are lawyers. Sometimes people

who do not have lawyers might feel more

intimidated presenting his case to a lawyer,

especially if the employer is there with his

own lawyer.

V. Inquests and Default Judgments

If the defendant does not show up to the

hearing, the claimant does not automatically win.

The court will direct an “inquest.” This means that

the judge or arbitrator will hear the case, without the

defendant.

The claimant is still expected to explain what

happened and prove his or her case. If the claimant

proves his or her case, then he or she will be

awarded a “default judgment,” meaning a judgment

in his or her favor without the defendant having been

present.

When a default judgment is awarded, a

defendant may be able to reopen the case.

See Page 51 on how a defendant may

reopen a case

IV. Subpoenas

Subpoenas for Documents

You can require an individual to produce

records by having the court issue a “subpoena,”

which is a legal document that orders the person to

bring the documents to the court.

• For example, in a wage claim for overtime, if

the employer maintained accurate time

records that would prove the worker did work

overtime, you could have the court order the

employer to bring those records. The court

clerk can assist you in preparing the

necessary forms to issue a subpoena.

See Appendix 7, p. 70, a sample

“Subpoena for Records.”

Subpoenas for Witnesses

You can also have the court issue a subpoena

to order an individual to come to court to testify.

You have to pay a witness fee of $15, plus

travel expenses, to the witness. The court clerk can

help you with the papers and information you will

need.

See Appendix 8, p. 71, a sample

“Subpoena to Testify.”

You will have to “serve” the person, meaning

having someone 18 or older who is not a party to

the case deliver the papers personally.

You must give the witness a “reasonable”

amount of notice. Try to serve the subpoena at

least five days before the hearing.

V. Suing For Damage to Property

If the worker is suing because of damage to

property (e.g. a car), the work must bring two

estimates of how much it will cost to fix the damage.

IV. Getting A Judge Or An Arbitrator

An arbitrator is a lawyer who is trained to hear

cases and apply the same law that the judges apply.

Because there are so many small claims court

cases and so few judges, arbitrators volunteer their

time to help out the court system.

Whether one wants a judge or arbitrator may

depend on a few factors:

• An arbitrator’s decision cannot be appealed.

This means that both the worker and the

employer are stuck with the decision you get.

A judge’s decision can be appealed.

However, appeals can be difficult, costly, and

time-consuming.

• Some judges might feel a little more free to

look not only at the strict law and evidence

but also at the fairness of a situation. It

depends on the judge and on the arbitrator,

but it is possible that an arbitrator might feel

a little more bound to look strictly at the law

and the evidence.

• An arbitrator can hear your case that night,

whereas if you want a judge to hear your

case, you will have to get another hearing

date. This means coming back on another

night and spending another few hours at

court.

See Page 59, Appeals.

What To Say

What the worker should say when his or her

name is called depends on a few things. Regardless

of what he or she says, make sure he or she stands

up when he or she speaks, after they call his or her

name.

• If you want to ask for an adjournment (See

Page 39), the worker must say

“Application” when they call his or her

name.

• If you want a judge to hear the case

(instead of an arbitrator), the worker says

“By the Court.”

• If you agree to have an arbitrator hear the

case instead of a judge, the worker just

repeats his or her name.

The court will then tell the worker what to do -

either sit back down and they will call his or her

name again later or they will tell him or her to come

forward then.

Motions

The court will hear motions first. This includes

anybody who says “Application,” meaning they want

to ask the court to do something, such as postpone

their hearing. Motions are heard at the bench, which

means that the parties, when called up, go up to the

judge’s bench and speak with her there. Trials

happen after motions are done.

PART VIII: The Court Date

I. Getting An Adjournment

An “adjournment” is a postponement of the

hearing date. One cannot get one’s hearing date

postponed by telephone. The judge is the only one

who can grant a postponement.

If you know ahead of time that you are going to

ask for an adjournment, you should send a letter to

the court, and a copy of it to the employer, stating

that you are going to do so. You and the worker still

need to show up to the hearing to explain why you

are not ready for trial.

On the date of the hearing, either party can

request an adjournment, which the judge can decide

to give if the person has a good excuse.

During the calendar call (See Page 41), after

the worker’s name is called, he or she must stand up

and say “Application” if you want to request an

adjournment.

When you are called to speak to the judge, you

will go up to the bench and explain that you want an

adjournment and explain why.

If you get a postponement, the worker is given

a new hearing date, which will probably be at least

one month later.

II. Practical Information

The Small Claims Court hearing room is Room

353, which is on the third floor. The room is quite

large, and there likely will be lots of other people

waiting for their cases.

Before you go into the room, look at the list of

cases on the board on the left (immediately before

you enter the double doors into the courtroom). The

cases will be grouped and each group will have a

number. Cases are called by groups, so the number

just indicates the order in which the cases will be

called. You still need to show up on time and should

sit in the courtroom so you don’t miss anything.

There is no food or drinks allowed, except water.

Be prepared to be in the courtroom for a while –

there are many other cases that will also be going on.

III. What Will Happen

Calendar Call

Calendar call is when the bailiff (court officer) or

the clerk (sitting next to the judge at the front of the

room) will call out the case names. It is a “roll call”

to make sure everyone is there.

As a claimant, the worker must be sure to

answer when his or her name is called.

• If the worker does not, or her or she is not

there, the court will dismiss the case.

• If the employer (the defendant) does not

answer, they may wait and try calling his or

her name again later.

Note

: The calendar call and instructions are in

English.