Town of Montgomery Justice Court
Located at: 110 Bracken Road, Montgomery, NY 12549
Directions: From I-84, 3 min (1.0 miles) - Exit No. 5 - Right to NY-208 N - Head north on NY-208 N - Slight right onto Bracken Rd - Town Hall is on left
Office Hours: Monday through Thursday: 8:15am - 5:00pm, Friday: 8:15am - 12:15pm (Except holidays)
About the Justice Court:
Justice Court is the first level trial court of New York State’s Unified Court System. Many New Yorkers will have their first and only court experience in a town or village court. The justices respond to calls from law enforcement officers on a twenty four hour, seven day a week schedule.
Justice Court has preliminary jurisdiction over felony cases and exclusive jurisdiction over misdemeanor cases, pending divestiture to the County Court. Small claims and civil cases up to $3,000.00 are also handled in Justice Court.
Court Staff are happy to help and can answer questions concerning the Court’s procedures, but who are not permitted to give legal advice.
Vehicle and Traffic:
Cases charging the commission of a traffic infraction are filed in the Montgomery Justice Court if the alleged offense took place in our Town. Information regarding how to proceed with a traffic ticket may be found on the ticket issued to the motorist. It is the obligation of the motorist to respond to the ticket. After the court receives notification that a defendant is pleading not guilty, the office of the Court Clerk will schedule a court date. A plea of guilty will result in a fine letter, which will instruct the defendant on procedure and amount of payment.
Regular Court sessions take place in the evenings each month as needed for traffic trials or other Court proceedings at the Judge’s discretion.
The Court also hears small claims cases when the Defendant resides in, is employed in, or has a place of business within the Town for money damages only, not the return of personal property. The civil jurisdiction of the Court is limited to claims up to the sum of $3,000.00.
Generally, corporations, partnerships, associations or assignees cannot sue in Small Claims Court. These claims must be filed in a Commercial Claims Court. (City Courts: i.e.: Middletown, Newburgh or Port Jervis).
In a Town or Village Court, if your claim is $1,000 or less, you will be required to pay a $10 filing fee. If your claim is for more than $1,000, you will be required to pay a $15 filing fee.
To obtain an application, please visit or contact the Court.
While you do not need a lawyer in small claims cases, in the Town of Montgomery Justice Court, you may retain an attorney if you so desire.