New York Civil Court Records

Personal injury claims, business disputes, and landlord-tenant conflicts comprise the majority of civil cases presented before New York State courts.

There are Trial Courts and Appellate Courts in the New York State Court system. Trial courts operate inside New York City, outside New York City, and both within and outside New York City.

Trial courts within New York City hear most civil cases in the state. District Courts, County Courts, City Courts, and Town and Village Justice Courts are all trial courts outside New York City. The Supreme Court, Surrogate's Court, Family Courts, and the Court of Claims are all types of courts that work in and around New York City.

New York Civil Courts decide lawsuits with damages of up to $25,000. This court could also have a small claims section for damages of up to $5,000 and a housing section for disputes between landlords and tenants.

The courts in New York either hold public hearings or try to reach a deal to settle the case. A judge or jury may hear all sides of an issue if the court allows it. Also, parties can resolve the dispute outside of court if both sides agree on a solution.

If you disagree with the state judgments, you may appeal to either the Intermediate Appellate Courts or the Highest Appellate Courts in New York.

Are New York Civil Court Records? The state Freedom of Information Law (FOIL) asserts that all information kept, held, filed, or made by a New York agency or the state legislature is part of the public record.

In New York, bankruptcy records are a group of papers related to a bankruptcy case. A bankruptcy case's records typically include all pertinent filings, transcripts, documents, forms, and activities.

More specifically, New York Bankruptcy Records may consist of the following:

• Debtor's name
• The filing date of the debtor's claim
• Judge's name
• Case number
• The stated kind of bankruptcy
• The amount of money owed
• Attorney and trustee information
• Discharge details
• All assets
• Case status

Bankruptcy gives people who owe money a chance to repay creditors and remove some of their debts. A debtor can file different bankruptcy chapters, and here are the most common ones in the state:

Chapter 7 Bankruptcy

People who file for Chapter 7 bankruptcy can pay off their debts by selling their assets. When filing for this bankruptcy, debtors give over their assets and property to the court for sale and supervision. The exercise proceeds will utilize to pay off creditors.

For this bankruptcy, the debtor must take a means test to determine how much money they have. It compares the debtor's disposable income to New York's median. Based on the most recent data, the median household income in New York was $72,108.

Chapter 11 Bankruptcy

With this type of bankruptcy, debtors can pay back their creditors while reorganizing their businesses to get back on their feet financially.

Laws about bankruptcy don't specify how a Chapter 11 debtor has to meet the terms of a repayment plan. The exact time frame depends on the amount and type of debt, the number of creditors, and whether or not the creditors agree with the program for paying back the debt.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy, called a "wage earner's plan," lets people make a plan to fulfill their debts. This bankruptcy chapter is only for people with a steady income and a payment plan lasting from three to five years.

Chapter 13 eligibility depends on how much debt a person has. This type's most recent eligibility limit is a maximum of $419,275 for unsecured debts and $1,257,850 for secured debts.

How To Find New York Bankruptcy Records?

The Northern District Bankruptcy Court, Southern District Bankruptcy Court, Western District Bankruptcy Court, and Eastern District Bankruptcy Court are the bankruptcy courts that create and make bankruptcy records in New York.

In every county, there is an office for each court. You can go to the correct office and ask the clerk there. Some places may have forms you can use to ask for bankruptcy records.

The Northern District serves 32 counties, with Albany, Utica, and Syracuse offices.

The Southern District Bankruptcy Court serves the counties of New York, Bronx, Greene, Sullivan, Dutchess, Putnam, Orange, Rockland, Westchester, and Ulster. You can visit the courthouses in Poughkeepsie, Manhattan, and White Plains.

The Western District of New York serves Allegany, Chautauqua, Cattaraugus, Chemung, Livingston, Erie, Genesee, Niagara, Monroe, Orleans, Ontario, Seneca, Schuyler, Steuben, Wyoming, Wayne, and Yates. There are courthouse locations in both Buffalo and Rochester.

The Eastern District Court hears Kings, Nassau, Queens, and Richmond, Suffolk cases. The court has locations in Brooklyn and Central Islip.

You can also use the federal PACER system to look at these records online. Here, you can view and print copies of the information you find through these searches, but you can't get certified copies.

Under New York Civil Court Records, a property lien gives the creditor a legal claim on the debtor's property. With this lien, the creditor can foreclose or sell the debtor's property for the value of the debtor's obligation.

The court allows New York property liens on real estate and personal property, such as art, antiques, jewelry, and other valuables. However, a creditor can't take back a property in the following exemptions:

• Homestead equity valued at $170,825
• Motor vehicle equity of $4550 or $11,375 for disabled borrowers
• Up to $11,375 worth of household heating equipment, family photographs, school books, family photographs, and religious texts

There are different kinds of liens on property, but you will most likely encounter the following in New York Property Lien Records:

Tax Lien

When a New York resident doesn't pay federal or state taxes, the state government can put a lien on the debtor's assets to get the money.

The Internal Revenue Service (IRS) puts liens on people who don't pay their federal taxes, while the New York Department of Taxation and Finance puts liens on people who don't pay their state taxes.

People who don't pay their property taxes in New York may lose their homes through foreclosure.

Judgment Lien

Civil lawsuits create New York judgment liens.   The defendant may not cooperate once the court awards damages. But with the judgment lien, it guarantees that the debtor pays the creditor.

New York judgment liens last for ten years.

Mechanic's Lien

After performing or delivering services, contractors, laborers, subcontractors, material suppliers, design experts, and equipment lessors may file mechanics' liens against real property in New York if unpaid.

After the contractor completes work or the supplier furnishes items, they can file a mechanic's lien for single-family homes for four months. On the other hand, general furnishing and other assets have an eight-month timeframe.

Note that the sub-suppliers can't file a mechanic's lien in New York.

Mortgage Lien

A mortgage is a voluntary lien that gives the mortgagee a right to the real property of the mortgagor. These mortgages are loans that help people buy homes.

Under this lien, the mortgagor only owns the property once they pay the mortgage entirely. The mortgagee may also repossess the property if the mortgagor stops paying.

UCC Lien

When a business owner takes out a loan to pay for business costs, the lender puts a Uniform Commercial Code (UCC) lien on the debtor. It is a public notification that the creditor has a legal claim to the debtor's asset.

How To Check New York Property Lien Records?

In New York, you can look at the New York Property Lien Records either online at the site of the county's property appraiser or in person at the office.

You will likely go to a title agency and ask for a search of the property's title. This request search will cost between $75 and $100. After payment, ensure that you get a property title insurance certificate.

Civil Driving Violation Records are traffic infractions documenting a person's less severe driving history. These are the least serious traffic offenses in New York compared to driving misdemeanors and felonies.

Here are some examples of New York Civil Driving Violation Records:

• Blocking traffic at a crossroads
• Leaving a car running unattended
• Contravention of police officers and flag personnel
• Coasting
• Failure to stop at a faulty traffic signal
• Crossing a safety zone while driving
• Placing glass or other harmful substances on a roadway

Most of the time, these New York traffic violations only include fines of up to $150 for a first offense. But depending on how severe it was and if other things made it worse, infractions could lead to jail time.

How To Look Up New York Civil Driving Violation Records?

The New York Department of Motor Vehicles (DMV) keeps traffic records, and you can request them to see New York Civil Driving Violation Records.

The only way to get online access is through the MyDMV site. But you must sign up for an account and prove your identity with a valid New York State driver's license, permit, or ID that doesn't require a driver's license.

After registering, you can get a PDF version of the traffic record you want for $7. If you're going to ask about your driving record by mail or in person, you need to fill out a Request for Driving Record Information Form, show identification proof, and pay $10.

You can also contact the County Clerk where the traffic ticket occurred. Your record requests must be explicit and contain as much information as possible.

New York Legal Judgment Records contain information about court decisions made in the state.

In addition to giving people a chance to appeal, keeping records of judicial decisions makes the system more open and accountable.

Under the Civil Practice Law and Rules, the court renders legal decisions for New York. These rules govern the issuance, enforcement, and payment of judgments and the processes for appealing rulings.

Judgments in New York are valid for 20 years.

How To Look Up New York Legal Judgment Records?

You can get information from New York Legal Judgment Records from a distance or from the court itself.

Ask the court that heard the matter for an official and full judgment record, as remote access only provides unofficial ones. You can do this by going to court or sending a letter.

But it's best to go to the court during regular office hours because you can't always get complete court files by mail. You can use the free public viewing terminals or ask the court clerk for the paper.

On the New York judiciary website, you can use the court locator box to find the courts' phone and fax numbers, websites, addresses, and hours of operation.

A New York Small Claims Record is a file where the Clerk of Court documents the proceedings in a small claims lawsuit.

These New York Civil Court Records have information on the following cases:

• Contract breaches
• Debt collections
• False arrest claims
• Landlord and tenant disputes
• Libel cases
• Property damage claims
• Personal injury claims
• Debt collections

The Small Claims Courts keep New York Small Claims Records. It is an informal court where people can sue for up to $10,000.00 in money. But not every county in the state is subject to this limit. So, petitioners may need to consult the clerk of the Civil Court in their filing counties.

If you want to file claims, download, fill out, and submit the Statement of Claim form in person or through a lawyer at the Clerk's Office.

How To Look Up New York Small Claims Records?

You can look up small claims records in New York by sending requests straight to the Court Clerk's office in the courthouse that filed and heard the case in the county.

Also, you can see both old and new case files if you sign up on the eCourt platform of the judiciary. You can get documents from this website by giving basic information, like the names of the people involved and the city and county that filed the case.

New York Divorce Court Records document the dissolution of marriage in the state.

Due to the sensitive nature of many divorce cases in New York, these records are more challenging to get than other public documents. Many divorce cases can entail financial, child custody, and domestic violence.

Section 235 of the Domestic Relations Law states that the court will not let anyone other than a party or the attorney copy any of the following papers and information under New York Divorce Court Records:

• Affidavits
• Pleadings
• Findings of fact
• The conclusion of the law
• An agreement of separation testimony
• Judgment of dissolution
• Any inspection or investigation of it

If you belong to eligible people who can get New York Divorce Court Records, expect it in three forms:

Divorce Certificates

In New York, divorce certificates are the most requested type of record, even though they have the least amount of information. It has only general information about the divorce agreement, like the names of the people who filed the original divorce papers and the date of the divorce.

Divorce Decree

New York state divorce decrees are sealed papers that include the court's final decision and the details of the divorce certificate. Most divorce decrees tell the people who filed for divorce what their rights and responsibilities are.

This sealed document contains information on child and spousal support, child custody, visitation schedules, life and health insurance obligations, and property division between the two people.

Divorce Records

A divorce record in New York has more information than a divorce certificate and a divorce decree. It is the case file for a divorce.

This record contains all the above information and divorce case files, such as those indicated under section 235 of the Domestic Relations Law.

How To Look Up New York Divorce Court Records?

The New York State Department of Health (NYSDH) and County Clerk's Offices keep track of New York Divorce Court Records. So, visit the office or website of the county that finalized the divorce to find these records.

On request, the NYSDH gives out copies of divorce certificates. The agency has records of divorces from 1963 to the present day. Only the people involved in the divorce can get a divorce certificate from this department.

In addition, a New York County Court Clerk can sell a divorce decree to an ex-spouse or anyone else with a New York State Court Order. A qualified applicant usually must ask for the record in person or by mail.

For a specific divorce record, you can find and get them the same way as other kinds. You must show identification proof and pay a fee to find this record through official government sources.

Who inherits a deceased person's assets depends on their will, live relatives, and how close they are.

If the person who died had a will, the Surrogate's Court handles the probate.

Probate in New York is proving that the will is authentic. Thus, the person's last will must satisfy the court during probate.

In a New York Probate Court Record, the court will keep track of every paper and piece of information that is part of the probate process.

Typically, the documents you can discover in a New York Probate Court Record are the following:

• Wills
• Estate inventories
• Letters of administration

These documents contain information on deceased individuals' property, their heirs' identities and relationships, and the legal processes necessary to prove wills and settle estates.

How To Look Up New York Probate Court Records?

County Surrogate's Courts have documented probates since May 1787. So, visit or contact the appropriate court to request New York Probate Court Records. But note that the Probate and Chancery Courts handled estates of dead people in one county but possessed property in another.

Fortunately, the Probate Records Pathfinder will show you where to find the best probate records made in New York from when it was a British colony until now.

You can also use the Probate Records Leaflet to find a probate court record in New York. It lists and speaks about the different courts and offices in New York that have filed and kept probate records since 1665.

The first step in finding New York Civil Court Records is determining who maintains the record of the issue. The FOIL states that the Court Clerk is responsible for maintaining these records.

You can ask for court records by sending a request to the clerk of the court or the County Clerk who keeps those records. The court that heard the case will have all these documents.

However, the New York County Court and Supreme Court exchange court records with county clerks' offices. Therefore, you must determine whether the documents you need are accessible at any of these agencies.

You must complete an application form for an in-person request, which you may get at the local courts.

Another method to get these civil records is online. The Office of Court Administration of New York gives online access to numerous court-related files. You can file a request using the eCourt page.

You can also utilize the eTrack case tracking tool to find these court documents.

The Court Clerks may charge fees for copying and certifying court documents under Section 225 of the State's Judiciary Law.