By Michael V. Cusenza
In Queens Small Claims Court, cases take an average of 425 days, or 14 months, to reach a disposition date—the slowest by far of the five boroughs, according to a report released on Wednesday by the New York Public Interest Research Group.
For context, Small Claims Court, also known as the “People’s Court,” is a low-cost, informal court where people without attorneys can bring claims for relatively modest amounts of money – up to $10,000 in New York City; $5,000 in city courts outside NYC and the District Courts in Nassau and Suffolk Counties; and $3,000 in town and village courts located across the state. One of the virtues of Small Claims is that, in theory, it operates more quickly and efficiently than higher courts, and cases are supposed to resolve faster than cases in the higher trial courts. The Court is utilized by, among others, tenants attempting to reclaim their security deposits; homeowners who have hired contractors who have failed to perform services; employees who have experienced wage theft; and any consumer who has fallen prey to a deceptive or fraudulent business practice.
The report found that Small Claims cases in some counties are currently not living up to the promise found in Section 1802 of the Court Acts, which require Small Claims to provide a “prompt determination” of claims. Instead, some courts – in particular, the Small Claims courts in New York City – take, on average, an excessively long time to resolve claims. In Queens, on average, cases take over a year to reach a conclusion; cases in the Bronx take an average of 274 days, or nine months; cases in Brooklyn take an average of 257 days, or over eight months; and cases in Manhattan take an average of 213 days, or seven months.
Many Small Claims courts outside New York City, in particular on Long Island and in Albany County, are far more efficient – cases in these courts tend to resolve in three to four months.
The excessive delays leave many litigants frustrated and feeling like the judicial system does not meet their needs. As one litigant whose case in Manhattan took nearly two years to reach a resolution stated, “The experience of having to wait so long for each appearance and having to travel back and forth each time was very emotionally and financially difficult.”
The NYPIRG report outlines a number of recommendations for improving the efficiency of Small Claims including: providing more resources to Small Claims Courts to process cases more efficiently and aid pro se litigants at every step of the judicial process; expanding pilot programs for virtual hearings put in place during the pandemic; and holding legislative hearings on the current state of Small Claims in New York.
“This report shows that many Small Claims Courts are failing to live up to their promise to provide prompt and efficient justice for New Yorkers. It is unacceptable that cases in some counties take on average a year or more to resolve,” said Kyle Giller, Consumer Justice Staff Attorney for NYPIRG. “Litigants in Small Claims Court are largely without lawyers and need more help to ensure they are receiving justice. Our report provides many recommendations for providing additional resources and tools to ensure that Small Claims lives up to its name as ‘The People’s Court.’”
