Small Claims Court in Westchester County
In Westchester County, NY small claims cases are filed in superior court. Westchester County has six superior courthouses that handle small claims, serving different jurisdictions.
Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Westchester Court System.
Small Claims Court
Small Claims Court is a special section of City, Town, or Village courts where you can seek financial compensation for certain disputes. Here are some key points:
- You can sue for up to $5,000 in City Courts and up to $3,000 in Town and Village Courts.
- This court isn’t for demanding someone do something or for claiming pain and suffering. For instance, you can’t use it to reclaim a laptop you lent to a friend.
Benefits of Small Claims Court:
- It’s affordable and user-friendly.
- You don’t need a lawyer to file.
- The court will help notify the person you’re suing.
If the court can’t reach the defendant by mail, the clerk will guide you on the next steps.
Important Points to Consider Before Filing:
- The person you’re suing must live, work, or do business in New York, or own property you’ve rented.
- For Individual Claims:
- You need to be at least 18 years old.
- Complete a court form detailing your case.
- Pay a court fee, which ranges from $10 to $20.
- For Business Claims:
- You must be a corporation, partnership, LLC, or similar entity.
- The court fee is $25 per claim, plus any postage.
- You need to send a demand letter first for consumer-related transactions.
- Cases must be started in a City Court—Town and Village Courts are not an option.
Keep in mind, you can only file up to five commercial claims in New York each month.
Who Can Use a Small Claims Court?
Eligibility:
- Anyone 18 or older can file a claim. If you’re under 18, a parent or guardian can file on your behalf.
Claim Amounts:
- If your claim exceeds the Small Claims limit ($5,000 in City Courts, $3,000 in Town and Village Courts), you can initiate a civil case in City Court, where the limit is $15,000. You cannot break your claim into smaller parts to avoid these limits.
Partnerships and Corporations:
- Partnerships can only file commercial small claims in City Court.
- Municipal and public benefit corporations can use Small Claims Court, but other corporations, LLCs, associations, and assignees must file commercial claims in City Court.
Legal Representation:
- You don’t need a lawyer to sue in Small Claims Court, but you can hire one if you choose. The other party may also have legal representation.
- Corporations and LLCs don’t require a lawyer in Small Claims Court; an authorized officer or employee can represent them.
Terminology:
- If you file a claim, you are the claimant or plaintiff, and the person or business you are suing is the defendant.
Court Assistance
Language Assistance:
- You can still use Small Claims Court if you’re not confident in English. If you or a witness needs an interpreter, the Court Clerk will arrange for a free official interpreter. Just let the Clerk know as soon as possible so one can be available for your court date.
Accommodations for Disabilities
- If you need accommodations under the Americans with Disabilities Act (ADA), the Court can assist you. For Town and Village Courts, it’s best to call the court directly. For City Courts, you can find contact information for accessibility help here or ask the Court Clerk.
What If I’m Sued But Not Responsible?
- If someone sues you but you believe you’re not at fault, speak with the Court Clerk about a “third-party action.” This allows you to add the responsible person to your case, although there will be a filing fee.
Suing on Behalf of Someone Else
- Generally, you can’t sue on someone else’s behalf unless you’re a parent or guardian acting for your child. For example, if you had an accident in a borrowed car, only the registered owner can file a claim for damages.
Dress Code for Court
- You don’t need to buy special clothing for court, but remember that it’s a formal setting. Avoid wearing t-shirts with inappropriate graphics or wording. Aim to be polite and respectful in your appearance.
No Clerk in Some Courts
- Some Town and Village Courts may not have Court Clerks. If yours doesn’t, just approach the Judge for assistance.
Cases Handled
Small Claims Court handles a variety of cases, including:
- Breach of a written or verbal contract
- Return of a down payment
- Property damage from vehicle accidents
- Damage to or loss of personal property
- Consumer complaints about defective products or poor workmanship
- Payment for services provided
- Claims related to bad checks
- Unpaid rent
- Return of a tenant's security deposit (up to $5,000)
Which Small Claims Court Should I Use?
- When to Sue in a Town or Village Court: You can file in a Town or Village Small Claims Court if the defendant lives, works, has a business, or owns rental property in that area, especially if your claim relates to your tenancy. Here, you can seek up to $3,000. Alternatively, you can also file in any City Court within that county for claims up to $5,000.
- When to Sue in a City Court: If the defendant lives, works, has a business, or owns rental property within the county, you can file in any City Court in that county for claims up to $5,000.
- What If the Defendant Isn’t in New York State? If the defendant does not live, work, or have a business in New York State, you cannot file a case in Small Claims Court.
Start Your Small Claims Case
- Fill Out an Application: You or someone else can start your case by completing an application form that outlines your claim.
- Where to Get the Court Form: Different courts use different forms. Most City Courts have their forms available online, but you can also obtain them from the Court Clerk in person. Check page 33 for Small Claims Court locations and hours.
- Information Needed: You’ll need the correct names and street addresses of all claimants and defendants. Be prepared to describe what happened and when it took place.
- What If You Don’t Have the Correct Legal Name? You can still proceed using any name the business or person is known by, but you should provide the correct legal name to the Court Clerk as soon as you have it. This is crucial for collecting any judgment if you win. To find the correct legal name of a business, contact the County Clerk’s Office or visit the Division of Corporations’ search tool here.
- Listing Addresses: You cannot use a P.O. Box. If any party has a P.O. Box, consult the Court Clerk. For each defendant, list the address based on where they are located within the court's jurisdiction:
- Where the defendant lives
- Where the defendant works or has a business
- Where you pay rent, but only if the defendant owns the rental property and your claim relates to your tenancy.
- Filing Your Form: Once completed, file your application form at the court, or have someone do it for you.
Filing Fees
You need to pay a court fee to file your claim. It’s best to contact the court directly for payment methods, as many courts do not accept personal checks or credit cards. If you’re paying by check or money order, be sure to ask the Clerk to whom the payment should be made. You can find contact information for Small Claims Courts on page 33.
Filing Fees:
- City Court:
- $15 for claims up to $1,000
- $20 for claims between $1,000 and $5,000
- Town or Village Court:
- $10 for claims up to $1,000
- $15 for claims between $1,000 and $3,000
Solve the Problem Without Going to Court
- You can resolve disputes without going to court by using a community dispute resolution center, which offers free mediation services in every county in New York.
- A mediator, who is a neutral party, will assist you and the other side in discussing your issues and finding a resolution. The mediator does not make a decision; instead, they help facilitate communication and draft a settlement agreement if both parties reach an agreement.
Can the Person I Am Suing Sue Me?
Yes, the person you are suing (the defendant) can file a small claims counterclaim against you. In Small Claims Court, a counterclaim can only be for an amount within the court’s limits. The defendant will need to pay a filing fee of $3 to $5, plus mailing costs.
How Will I Know if a Counterclaim Is Filed?
You will receive a notice from the Court or be informed on the trial date. The defendant must file the counterclaim:
- Within 5 days of receiving notice of your claim, or
- On the day of the trial.
Will My Case Be Postponed if a Counterclaim Is Filed?
Possibly, if the counterclaim is filed more than 5 days after the defendant received notice but before the trial date, you can request a postponement, and the judge must grant it. If the counterclaim is filed on the trial date, you may ask for a postponement to prepare, but the judge has the discretion to deny your request.
Notify the Defendant
After you file your claim, the Court Clerk will notify the defendant by mailing them a notice. If the defendant cannot be served by mail, the clerk will provide guidance on what to do next.
The notice informs the defendant about:
- The nature of your claim
- The amount of money you are seeking
- The date of your Small Claims Court trial
How Will I Know if the Defendant Was Served?
- The clerk will send the defendant two copies of the notice:
- One by regular first-class mail
- The other by certified mail
If the Post Office does not return the regular mail notice to the Clerk’s Office within 21 days (or 30 days for consumer transactions), the Court considers the defendant served, even if the certified mail notice wasn’t delivered.
What If the Post Office Couldn’t Deliver Either Notice?
- If both notices fail to reach the defendant, the clerk will:
- Explain how to properly serve the defendant
- Provide a new date and time for your trial
To serve the notice, you need someone who is 18 or older—who is not involved in your case—to do it. The Clerk will provide you with instructions, or you can choose to hire a process server.
If four months pass after you file your claim and you haven’t been able to personally serve the defendant, the Court will dismiss your case. If you later find the defendant’s location, you can pay the fee and file a new case.
Important: You cannot proceed with a trial if the defendant has not been served.
Postpone My Trial
You can request to postpone your trial, but the Court may not agree unless you have a valid reason.
How to Ask for a Postponement:
- Contact the Court: Different courts have different procedures, so it’s best to reach out directly to the Court. You might be able to postpone your trial by calling them.
- Written Request: If calling isn’t an option, send a letter to the Court and the other party requesting the postponement. If the other side agrees in writing, include their response when you submit your letter to the Court.
- Court Appearance: If you don’t receive a new trial date, either you or someone authorized to speak for you should go to the Small Claims Court on the original trial date and explain your need for an adjournment.
Important Considerations:
- If you or your representative cannot attend the trial date, the Court will read your letter but may not postpone the case, which could lead to dismissal.
- If you are the defendant and fail to appear, the Court may proceed with the case, and the claimant could receive a judgment against you.
- If the Court agrees to postpone the case, both parties will be notified of the new trial date.
Suing a Public Agency, City, Town, or Village
- You can use Small Claims Court to sue entities like school districts, towns, villages, cities, county agencies, or public benefit corporations.
- You must notify the agency of your intent to sue within 90 days from the date you were injured or your property was damaged. You cannot proceed with your lawsuit unless you do this.
- If you miss this deadline—even by just one day—the Court may dismiss your case.
- Obtain the notice form from the agency you plan to sue. Check how the agency prefers to receive notifications, as some may accept electronic submissions. Complete the form and deliver it accordingly.
The agency may:
- Make you a settlement offer
- Deny your claim
- Not respond at all
If there’s no resolution after 30 days, you can proceed to file your case in Small Claims Court.
Important Deadline: You have 1 year and 90 days from the date of your injury or damage to file your claim.
Note: You cannot sue the federal government or state agencies in Small Claims Court. For state agencies, you must file in the Court of Claims.
Get Ready for the Trial
- Organize Your Evidence: Before your trial, gather and organize all evidence that supports your claim, including:
- Photos, written agreements, letters, or other relevant documents
- Itemized bills, canceled checks, receipts, invoices, or proof of payment
- Damaged items or any printed evidence from your computer or phone
- Audio/visual evidence (check with the Court about acceptable formats)
If you’re seeking money for repairs or services, bring two signed itemized estimates to support your claim. If you want your evidence returned after the trial, make sure to ask the Court when it can be retrieved.
- Witnesses You can have witnesses testify at your trial. Witnesses can include:
- Yourself
- Someone who has knowledge about your claim
- An expert witness who has specialized knowledge relevant to your case.
Before testifying, all witnesses must swear or affirm to tell the truth.
If your claim involves complex issues that require expert knowledge, having an expert witness is advisable. For example, if you’re claiming poor workmanship on a roof, a qualified roofer should testify. Keep in mind that expert witnesses usually require payment for their testimony.
In malpractice cases, expert testimony is mandatory. You cannot compel an expert witness to testify with a subpoena.
If a witness is unwilling to testify or provide records, you can request the Court Clerk to issue a subpoena. This court order can require the witness to:
- Submit documents or records to the Court
- Attend your trial to testify
Serving Witnesses and Settling Your Case
- You must arrange for a witness to receive the subpoena. This can be done by a friend or relative who is 18 or older, but it can't be you or anyone involved in the case. Alternatively, you can hire a process server or sheriff.
- The witness is entitled to a $15 fee, which must be paid upon serving the subpoena. If travel is required from outside the city, you must also cover expenses at 23 cents per mile.
- The subpoena must be served before the trial date, ideally giving the witness at least two days to prepare.
- It’s often better to reach an agreement before or during the trial. If you settle before the trial date, notify the Court Clerk in writing and include a copy of the settlement agreement. If you need more time to finalize the agreement, ask the Court for a postponement, known as an "Adjournment Pending Settlement." If the claim remains unresolved by the new trial date, you must attend Court as scheduled.
Day of Your Trial
What to Do on the Day of Your Trial
- Arrive Early:
- Get to the courthouse early to go through security and find your courtroom.
Look for the Small Claims Court calendar outside your courtroom to find your case.
- Check In:
- You may need to check in with the Court Clerk upon entering the courtroom.
- If One Side Is Absent:
- If you (the claimant) don’t show up, your case will be dismissed.
- If the defendant doesn’t appear within an hour, the Court may hear your case without them, and you could win by default judgment.
- Accommodations for Disabilities:
- If you cannot attend due to a disability, a family member can request to testify on your behalf.
- Waiting for Your Case:
- The clerk may inform you when your case is ready. When your name is called:
- Stand and state your name.
- Say “Ready” if you’re prepared to proceed.
- Say “Application” if you need to request a postponement.
- Who Decides the Case?
- Your case may be heard by a judge or arbitrator. Check with the court for specifics. Some courts also offer mediation to help reach a settlement.
Arbitrator
An arbitrator is a lawyer with expertise in small claims cases, trained to handle disputes in a less formal setting than a courtroom. While arbitrators and judges both apply the law, arbitration can be a quicker process.
- Arbitration Types:
- Voluntary Arbitration: You have the choice between an arbitrator or a judge.
- Mandatory Arbitration: The arbitrator must decide your case, with no choice involved.
- Choosing Between an Arbitrator and a Judge:
- Arbitrator: This option can lead to a faster resolution, but you agree to accept the arbitrator's decision without the right to appeal, meaning the decision is final.
- Judge: This may require you to return for another court date, but you retain the right to appeal the decision. Additionally, the court might offer mediation to help settle your case before it goes before a judge.
Mediation
Mediation is a process where a neutral mediator helps both parties discuss their dispute and work toward a settlement. The mediator doesn't make decisions for you; instead, they facilitate communication. If you can’t reach an agreement, the case will go back to a judge or arbitrator.
- Will There Be a Jury?
- Arbitrator or Mediator: Small claims cases decided by these methods do not involve juries.
- Judge: If your case is decided by a judge, a jury is only available if the defendant requests it. The defendant must pay a jury fee ($10 in Town and Village Courts, $70 in City Courts) plus an additional $50.
To request a jury trial, the defendant must submit a statement affirming:
- They are genuinely seeking a jury trial.
- There is at least one factual question that requires a jury's decision.
Trial
- Opening the Trial:
- As the claimant, you will start the trial by taking an oath to tell the truth.
- You’ll present your side of the story and show any evidence (documents, photos, etc.) to support your claim.
- Questioning:
- The court and the defendant can ask you questions about your case.
- Witnesses:
- If you have witnesses, they will also take an oath and provide their testimonies.
- Both the court and the defendant may ask them questions too.
- Defendant's Turn:
- The defendant will take an oath and present their side of the story, along with their evidence.
- Their witnesses will also testify after taking an oath, and you can ask questions.
- Asset Inquiry:
- You can request the court to question the defendant about their assets (like cars, houses, or bank accounts), which may assist you in collecting a judgment if you win.
- You can also ask the court to prevent the defendant from disposing of any assets.
- Court's Decision:
- After the trial, the court typically does not make an immediate decision.
- You can expect to receive the court's decision by mail within 30 days.
Important Note:
If you didn’t have the defendant's correct name at the start of the case, you should request the court to correct it during the trial. Failing to do so may complicate your ability to collect a judgment if you win.
Do Not Agree with the Court’s Decision
- If the Court Ordered a Default Judgment:
- The person who didn’t attend the trial can request to reopen the case by filing a motion to vacate the default judgment, provided they have a valid defense and a good reason for their absence. More information can be found here.
- If the court agrees, a new trial will be scheduled.
- If Your Case Was Decided by Mandatory Arbitration:
- Any party not in default has 35 days from the arbitrator’s award mailing date to request a new trial before a judge (trial de novo). A fee of $75 is required.
- If Your Case Was Decided by a Judge:
- You can appeal the decision to a higher court, but note that you cannot appeal a default judgment.
Appeal
- Very few small claims decisions are successfully appealed. The higher court will review if substantial justice was served, meaning they assess the fairness of the trial rather than technical errors.
- No, you can represent yourself. However, hiring a lawyer may cost more than the potential recovery from your case.
- You must file a Notice of Appeal within 30 days of the court's judgment. If you received the judgment by mail, you have 35 days to file the notice with an Affirmation or Affidavit of Service.
- You will need to pay a fee for the Notice of Appeal and for a typed transcript of the trial. If you cannot afford these fees, you may request a fee waiver.
- Unless you deposit an amount equal to the judgment (called an undertaking) or file a bond, the judgment creditor can continue collection efforts.
- You must perfect your appeal by obtaining a transcript, writing and serving a brief, and filing your papers with the trial court. This process can take significant time and effort.
- The appeal will be sent to the County Court, or to the Appellate Term if your case was in Dutchess, Orange, Putnam, Rockland, or Westchester County.
Collect Judgment
- After the Trial:
- The court will send both you and the other party a Notice of Judgment or Arbitration Case Report. This document outlines:
- The court's decision on the amount the other party must pay.
- Instructions on how to collect your judgment.
- Judgment Validity:
- The judgment is valid for 20 years with an interest rate of 9% per year.
- Note: The judgment is only valid for 10 years for enforcing against real estate unless you renew it for another 10 years by filing appropriate paperwork in court.
- Court's Role in Collection:
- The court does not collect the judgment for you. You are responsible for taking steps to collect the money.
- How to Collect Your Judgment:
- Contact the Debtor: Start by calling or writing to the judgment debtor to request payment.
- If they refuse to pay, you’ll need to gather information about their assets to enforce the judgment.
- Finding the Debtor’s Assets:
- You need to identify the debtor’s money and property. Relevant assets might include:
- Income from a job or funds in a checking/savings account.
- Real estate, such as land or a house.
- Personal property, including vehicles, boats, or jewelry.
- Enforcement Options:
- You can hire an enforcement officer to assist in collecting the judgment. They can help locate and seize assets.
- There are also other methods available for collecting a judgment without an enforcement officer. You can find more information on these options.
Summary:
After winning, follow the steps outlined in the Notice of Judgment to collect your money. Be proactive in contacting the debtor and gathering information about their assets, and consider hiring an enforcement officer if necessary.
Ways to Find the Debtor’s Assets
- Internet Search:
- Conduct a search to find out if the debtor owns property, where they work, or any bank accounts they might have. Look for court cases or business licenses linked to them.
- Asset Investigation Companies:
- Consider hiring a professional asset search company that specializes in locating property and assets for a fee.
- Canceled Checks:
- If you or someone you know paid the debtor with a check, check the back of the canceled check for banking information that might help locate the debtor's accounts.
- Department of Motor Vehicles (DMV):
- Contact the New York DMV to see if the debtor owns a vehicle. Request information such as:
- Vehicle model
- Year
- License plate number
- Address where the vehicle is registered
- You can request this by mail; the form is available at the DMV website.
- County Clerk Property Search:
- Reach out to the County Clerk in the area where you believe the debtor owns property. If they do own property, ask the Small Claims Court Clerk for a transcript of judgment to file with the County Clerk, creating a lien on the property.
- Information Subpoena:
- Use an information subpoena to compel the debtor and others to disclose details about the debtor's assets. This consists of two parts:
- The first part is a form signed and issued by the Court Clerk for a small fee (around $2-3).
- The second part includes specific questions about the debtor's assets.
Important Notes:
- If the debtor owns property, filing the judgment transcript with the County Clerk is crucial to enforce your claim effectively.
Subpoena
- Obtain the Form:
- You can get an information subpoena form with preprinted questions from:
- A legal stationery store
- A legal forms book at a law library
- The Court Clerk (for a fee of $2-3)
- Alternatively, you can draft your own questions based on what you know about the debtor. For example questions can be found in this sample NYC Civil court document.
- Bring the Subpoena to the Court Clerk:
- After preparing the form, take it to the Court Clerk for their signature.
- Send the Subpoena:
- Mail the signed information subpoena to the judgment debtor and anyone else who might have knowledge of the debtor's assets, such as:
- Employer
- Landlord
- Phone or utility company
- Banks
- Include:
- Two copies of the questions
- A self-addressed stamped envelope with adequate postage
- Delivery Method:
- Serve the subpoena by registered or certified mail, with return receipt requested.
- Waiting for a Response:
- The recipient has 7 days from receipt of the subpoena to respond to the questions.
If You Don’t Receive a Response
- If you don’t get a response, you can request the Court to enforce the subpoena and possibly impose penalties for noncompliance.
- This process involves several steps and must be done in writing. For assistance, visit a Court Help Center or a law library and ask about the procedure for contempt actions.
Enforcement Officer
- Enforcement Officer: A designated individual (sheriff, constable, police officer) authorized to collect money or property from the judgment debtor.
- Difference from Collection Agency:
- Enforcement Officer: Directly collects the judgment.
- Collection Agency: Attempts to locate debtor assets, may hire enforcement officers.
- Communicating with the Enforcement Officer:
- Inform them of your status as the judgment creditor.
- Provide the small claims number and details about the debtor’s assets.
- The officer can help obtain an execution, allowing them to seize assets.
- Fees:
- Advance Fees: Required for income collection and property seizure (including mileage).
- Poundage: A percentage fee (typically 5%) on amounts collected.
- Important Considerations:
- Fees may be recoverable in addition to the judgment.
- Settlements after hiring an officer still incur fees if collection has begun, and these fees are non-refundable.
Collect the Judgment
- Garnishment of Salary:
- If you know where the debtor works, the enforcement officer can issue an income execution, which allows a percentage of the debtor’s salary to be deducted and paid directly to the officer until the debt is settled.
- Garnishment of Bank Account:
- If you have the debtor’s bank details, the officer can seize funds from the debtor’s bank account.
- Exempt Funds: Certain types of income, like social security and veterans' benefits, cannot be garnished.
- Seizure and Sale of Vehicle:
- The officer can take possession of the debtor's car and sell it to recover your judgment.
- Important Note: If there’s an existing loan on the car, that debt must be paid off before you receive any funds. Additionally, you’ll need to cover towing and storage fees (approximately $150 or more).
- Sale of Property:
- If you’ve filed a transcript of judgment with the County Clerk, the enforcement officer can execute a sale of the debtor’s home or land to collect the debt.
These measures are meant to enforce the court's judgment and recover the owed amount, but it’s crucial to be aware of any potential fees and the legal protections surrounding certain funds.
Other Ways to Make a Debtor Pay
- Driver's License Suspension:
- If your claim involves the debtor’s car and the judgment is for $1,000 or more, you can request the DMV to suspend the debtor’s driver’s license and car registration until the judgment is paid. The judgment must be unpaid for over 15 days. Use the DMV SR-60 form: SR-60 Form.
- Notify Licensing Agencies:
- If your claim pertains to a licensed or certified business, inform the relevant state or local licensing agency. They may revoke, suspend, or deny renewal of the business license if the debtor has not paid the judgment, and it must be at least 35 days since the debtor received notice.
- Treble Damages:
- If the debtor has three or more unpaid small claims judgments against them (including yours) and can pay, you may sue for three times the amount of your original judgment. Check with the Court Clerk or County Clerk to see if the debtor has unsatisfied judgments.
- Report Fraudulent Businesses:
- If the debtor's business is found to be fraudulent or illegal, notify the Attorney General and the relevant licensing agency. Contact the Attorney General at:
- Office of the Attorney General, The Capitol, Albany, NY 12224
- Phone: 800-771-7755
- Website: NY Attorney General.
- Restraining Notice:
- If the debtor has bank funds or someone owes them money, you can obtain a restraining notice from the Court to prevent the release of these funds until your debt is settled. Additionally, you may start a turnover case (not in Town or Village Court) to have the money released to you through County or Supreme Court.
- File a Transcript of Judgment:
- If the debtor owns property, ask the Small Claims Court Clerk for a transcript of judgment (small fee) and file it with the County Clerk ($10.00). This creates a lien on the property, ensuring that your judgment must be paid when the property is sold.
Important Note: Judgments against homes and land are only valid for 10 years unless renewed by filing the appropriate paperwork.
Let Squabble Help You With Your Small Claim at Westchester County
Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Westchester County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.
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